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FTCA Federal Tort Claims Action
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150 questions in this forum
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Offset Og Pres Op
The rules regarding FTCA offsets to 1151 are explained well in this 2011 General Counsel Precedent Opinion. These apply to living FTCA/1151 veterans. The offset rules for surviving spouses due to wrongful death cases are different and involve legal standing of the survivor as to the estate of the veteran or to their standing as administrator of the veteran's estate.They involve other issues too and are too complex to really explain here and best to get a lawyer in that type of case. This Pres Op explains the ramifications of FTCA to 1151 claims.The veteran had filed both and both claims were successful. His settlement of $775,000 was to be correctly offset to his …
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Carlie- My Ftca
This is a brief overview as there is much to FTCA and much of it is for lawyers to handle-I hope this might help someone : Brief Overview of FTCA.doc
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Sf 95 Form And Instructions
http://www.justice.gov/usao/nh/hr/Forms/sf95.pdf You will have at least one entry of damages in 12a,b, or c and make sure you TOTAL the damages in # 12 D. As Basis for the claim: You need to state that the VA did not adhere to principles as found within the standard medical community and thus caused you additional disability by their negligence. You can refer them to specific medical evidence that would support this point and attach copies of it. If you prepare this evidence with a cover letter and are specific as to documented negligence or malpractice, you might get a phone call from the VA counsel right away and then get a Peer Review done within months. …
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2 2010 Bva Awards Under Sec 1151
Accordingly, the Board concludes that the evidence is in favor of a finding that the Veteran incurred additional disabilities, namely renal insufficiency, myocardial ischemia, and lower extremity compartment syndrome; were incurred as the result of the use of heparin during VA treatment in November 2005; and that the additional disabilities were not reasonably foreseeable. The criteria for entitlement to compensation under the provisions of Title 38, United States Code, Section 1151, are met. The claim is granted. ORDER Compensation under the provisions of Title 38, United States Code, Section 1151, for additional disability, resulting from V…
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Ftca Question
Good Afternoon I have just a quick question about FTCA statue of limitations. I have read two different things concerning the statue of limitations. 1. The statue of limitations is 2 years. Does this two year include actually sueing the government after they have, for example, denied or did not respond to the SF 95? Somewhere I read it did. But my understanding from all the other readings is this --if an act occurred on June 2009 then you have until June 2011 to sumbit an administrative claim SF 95. Please let me know if I am right or wrong. I tried finding the actually law written on it, but could not find it mentioning the 2 year frame. I am still want…
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When Malpractice Leads To
http://lawmedconsultant.com/1370/lexington-va-hosp-nurse-awaiting-trial-for-murder-of-patient “Patients and staff alike have died under suspicious circumstances in the ICU at the Lexington, KY Veterans Affairs Medical Center. One nurse is out on bail awaiting trial for the murder of a patient who had been expected to die at any moment, and another whose body was found in a staff restroom locked from the inside remains a death of undetermined cause.”
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Ftca
Ms. Berta or administrators, I tried emailing you Ms. Berta but I couldn't. New things have come about concerning my case and Ms. Berta,,, I see you have a lot of experience. Is there anyway I can email you?
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Sec 1151 Claims
Although there already is 1151 claim info here-I wanted to get a topic closer to the forefront as 1151 issues appear here from time and time and I recently referred someone to hadit for 1151 claims help. Section 1151, 38 USC. These claims rest on probative medical evidence that the VA has failed to properly diagnose and/or treat a disability to the extent that their negligence has caused an additional documented and ratable disability.( or death) The full regulation is here: http://www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00001151----000-.html “a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 …
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I Need An Attorney!
What do I do if I can't find an Attorney to take my case? I filed an SF 95.
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Va Pain Clinic Fails To Renew My Script
For some reason the VA pain clinic failed to renew my fentanyl patch script. I got my oxycodone today in the mail but no fentanyl patches. When does the constant screw-ups over my medications become malpractice or a tort? Every month no matter who I talk to at the VA, or what I do in advance the VA fails to get my script to me and I run out and go into withdrawl. I call the pain clinic....nobody home. I call advocate....busy. I call phramacy and they email the pain clinic asking why my script was not renewed. This is affecting my mental health being on pins and needles every month. Now I am facing a long weekend and I can't get into contact with my doctor at the pain clin…
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Torte Claim
Can anybody tell me how a torte claim with the VAMC is supposed to work and what you need to have to file one..... tnx
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Perfected Ftca
I filed a letter of complaint to BVAMC after suffering a heart attack and residual damage due to their (BVAMC) not addressing the diagnosis and complaint (non treament of a known condition for 3 years ). Instead of filing a complaint claiming an amount certain the VSO told me I could write a letter of complaint to the hospital but not to enter an amount for damages ! Of course they never replied to my letter.And I filed an 1151 within the 2years of my heart attack. It was denied after 4 years in the merry go round called adjudication. But strangely enough they awarded a 100% rating for heart shortly after learning where I was going with my complaint.. I did not even su…
0 votes43 answers