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FTCA Federal Tort Claims Action
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150 questions in this forum
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Ftca
I am having problem with posting, but want to try again. During c & p exam for ddd lumbar exam, QTC doctor physically twisted my back while doing rom test. He caused my facet joint to start bothering me. Constant medical supervision by private doctor. Have had 2 epidural injections and awaiting the radiofrequency procedure to kill the nerves. Already receiving 20% disability for the DDD of l3-l4-l5. (was reduced from 40% by this doctors report). Can I file tort and ftca for the facet joints or would this be pymariding? Already filed a civil rightscomplaint for not allowing my wife in the exam room. I also suffer from severe depression (50%) rated by VA and ha…
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Limits
BERTA, In Louisiana, there is a $500,000.00 cap on mal-practice suits! How would that limit a tort claim against the V.A.? I want to sue them for $25,000,000.00. Also has anyone used the Law firm of CRONIN & MAXWELL, of Jacksonvillle,Florida ? The sent me a contract to for me to sign,to represent me in my tort claim-- 1. 20% of any gross recovery prior to filing a complaint. 2. 25% of any gross recovery after filing a complaint. 3. Alternatively, in the event of a court awarded attorneys fee,the attorney's fee will be the greater of (a) the court awarded fee or (b) the contingent percentage of the recovery,including the court awarde…
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Ftca
Husband Awarded 100% for negligence in VA Care including an error by medical staff with overdose causing renal failure. He also won service connected disability: 70% TBi, 30% depressive disorder, 10 ED, and had 40% for paralyzation (awarded in 2001). He has SMC with Aid and Attendance. We have filed our SF 95 and are proceeding to file FTC in federal court. We had one IMO and the examining VA doctor expressed a stronger opinion than our IMO physician. My question is: If my husband is successful in his FTC case - they would offset that amount by withhoilding 1151 til award is paid back. Since he has a total award of 240% - and they pay him for 100% + S…
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Whyat Does I Add Up To
If I win the 1151 claim-getting 100% for lung cancer- then I would have 200% - I'am now at, I believe at 110-120% service connected already.My addition correct or all screwed up??? So would I be able to get A&A- on top of that?? If so how much would that end up being per month?? Single. Just have to much time on my hands, and nothing to do right now! Ha!
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I Have Lung Cancer !
I have been out of the Forum, not even reading much. Just got burned out. But Please do not DELEATE this!!!! Want to find out if I have an 1151 CLAIM? To get everyone up to date: On Aug 10,2011, I had Congestive heart failure,was in private hospital for about a week,where they removed about about 3 1/2 qts of fluid/BLOOD . ALSO SAYS HAD ACCUTE KIDNEY INJURY. ALSO WAS TOLD THAT I HAD LUNG CANCER--- ADENOCARCINOMA !!!-OPERATABLE! IMPRESSIONS--From my Doctors. 1--FdG avid left upper lobe mask with a small avid nodule on the right upper lobe. 2-Consolidative changes in the right lung base paratracheal ,which may be inflammatory in eti…
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Ist Hep C Miami Va
"After the U.S. Department of Veterans Affairs conducted its own investigation at three VA hospitals in 2009, the Administrative Investigation Board discovered that more than 11,000 veterans had been given colonoscopies with unclean equipment. One of those hospitals included the Miami Veterans' Administration hospital. The colonoscopies were performed between 2004 and 2009 and put thousands of veterans at risk of contracting HIV, hepatitis C and hepatitis B. So far, 11 lawsuits have been settled out of court in Miami over the emotional stress the incident has caused, but this week, the first medical malpractice lawsuit regarding the incident will go to trial in a Miami…
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diabetes 1151 For Failure To Diagnose Diabetes?
First of all...Hello to All!! I have been pondering and researching as much as I can 1151 claims, but still am not sure if I have a potential claim for VA doctor's failure to diagnose diabetes. At the time of my actual diagnosis by outside provider, I was not even aware of 1151, nor FTCA. From what I have gathered, FTCA claims have a two year limit, so too late for me, but am trying to inform myself about 1151 claims, which I first saw the information on Hadit, so any suggestions will be greatly appreciated. A bit of background: In '04, I was being treated at the VAMC outpatient clinic, solely, due I'd lost my private health insurance. I went to the clinic severely …
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Please Read First If You
The Veterans Administration saves countless lives every day. Their malpractice statistics might be comparable to those of all private US hospitals. There are very few documented cases whereby a health care professional made a conscious decision to cause harm or death to any patient, veteran or civilian, such as the Michael Swango case. If a veteran and/or their spouse has major concerns that their VA health care is inappropriate or somehow casing them additional disability due to medical error-they need to question their VA doctor and if that does not resolve their issues, they need to contact their VAMC 's Patient advocate right away. If these steps do not re…
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Mapractice Stats Syracuse
http://www.syracuse.com/news/index.ssf/2011/06/syracuse_va_medical_centers_ma.html in part: “In eight cases that were settled administratively or in court, the Syracuse VA paid out more than $2 million in claims. The new database provides a glimpse at 12,000 claims, many of them medical malpractice complaints, filed against VA medical centers nationwide between 1989 and 2008. The information was recently released by The Project on Government Oversight, a nonprofit government watchdog group that obtained the database from the Department of Veterans Affairs through a Freedom of Information Act request. “ The figures are wrong. Syracuse was one of the malpr…
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1151hearing Comming Up
Have been fighting the VA for 10 years now and now have a hearing comming up next monh with a judge. can anyone tell me what to expect and how i should prepare for this? I have a DAVSO thats is suppose to be helping me, at leas i hope so, have never meant him. I really need some advice please. thank you and hope all have a GREAT weekend. God Bless. JohnM
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Section 1151 And Smc
Friend asked me to post this here. He couldn't find anything definitive at hadit. He is 1151 vet with SMC as well but isn't sure if the SMC is under 1151 or for his other direct SC disabilities. Any Section 1151 award could also possibly render an SMC decision just like a regular claim.Certainly if the vet is awarded 100 % under 1151, and has additional disabilities from the 1151 this should trigger VA to consider SMC. I used a few BVA decisions on this legal issue as well as the Gen Counsel Pres op below. This decision shows how SMC kicks in and most importantly the General Counsel Pres Op shows the legal criteria for these types of claims. http://www.va.gov…
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Section 1151,38 Usc
The actual regs have gotten lost in this topic so it pays to bump them up from time to time. TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER VI > § 1151 Prev | Next § 1151. Benefits for persons disabled by treatment or vocational rehabilitation How Current is This? (a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death i…
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