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FTCA Federal Tort Claims Action
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150 questions in this forum
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Ftca Explained
FTCA info- VA itself publishes all there is to know as to the legal aspects of FTCA: http://docs.google.com/viewer?a=v&q=cache:PlR4EfXlVFMJ:www.benefits.va.gov/warms/docs/regs/38cfr/booka/part14/s14_600.doc+FTCA+Veterans+aDMINISTRATION&hl=en&gl=us&pid=bl&srcid=ADGEEShfpP591o-YGaXP8mqRAmeBVk8DnySQExEuq6bGiGIyP01VpNjVtwSqWv7AeDXLXIlekXywOSno6_HBqcGXPpf50sGvCNXxRPmUY-trv9MRkqTDsI9BiCoxuQyD91e8XGYmbhIR&sig=AHIEtbSOPc4PGZEoFO8BpPXpvYODCjhb3Q Robb Graham and other malpractice attorneys on the net expand on these regulations: http://www.vamalpractice.com/ NOLO expands on te4 FTCA regs: http://www.nolo.com/legal-encyclopedia/suing-government…
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Would Like To Know If I Have A Claim Against The Va
Hello all, I would like some advice about my situation. I went to the VA hospital in 2003 to have my Gallbladder removed. I had the surgery done and was told and it's stated in my medical records that my Gallbladder along with stones was removed and sent off to Pathology. 6 months after operation I returned to the VA hospital complaining about the same symptoms I had before the gallbladder was removed. I was told it was gastritis and sent home with meds. Over the years I was experiencing constant stomach issues and was always in the emergency room or hospital. Each time I told the doctors that my gallbladder was already removed by the VA hospital. I went thro…
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Do I Have A Case Against The Va?
I'll keep this short and sweet. 50% SC 10% of that is because of back surgery i had while active duty. Hurt back again in August of Last year. MRI showed i had re-hurniated the same disc and it was pressing on my nerve that runs down my leg...again. VA Doc said I need surgery. Had surgery. Woke up and doc said i didnt have hurniated disc, only scar tissue from former surgery. 2 week follow up and my calf does not work! cant go on my tip toes or anything. Had another MRI done. 6 week follow up and calf still doesnt work. Doc says he doesnt know why. Also, pain in leg is back.....post op MRI shows get this.....hurniated disc....i asked doc why he didnt take care…
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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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Administrative Tort Claim Rejected - I'm Left Cripled
My right leg was amputated below the knee on the day before Thanksgiving in 2005. This was due to a sequence of mistakes made by "Alleged" medical personal at the Palo Alto Veteran's Administration Health Care System. It started in the Podietry Department in early 2004, when I foolishly trusted them to take care of a callus on the right underside of my great toe on my right foot. Instead of removing the callus by reducing the bone under the skin which was obviously pinching the skin patch against the bottom of my shoes, an implicitly entrusted future Doctor of Podiatry, performed a Hallux Rigidus procedure on me without explaining anything to me beforehand. [i do beli…
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ptsd Ptsd Vet Sues Va For 5 Million
In part: “SCRANTON – Testimony began Monday in a $5 million medical malpractice lawsuit filed by an ex-Marine who claims the Department of Veterans Affairs Medical Center in Plains Township failed to properly treat his post traumatic stress disorder. Stanley Laskowski and his wife, Marisol, of Carbondale, allege the hospital’s negligence caused his symptoms to worsen to the point they are irreversible, leaving him 100 percent disabled. The hospital has acknowledged medical staff deviated from the standard of care in treating Laskowski, but it contends he is responsible for his condition worsening because he did not fully disclose his symptoms. Laskowski, 34, was dia…
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Tort Claim Denied For Statue If Limitations Reconsideration Request
I got a reply back denied under sec 2401. I informed a lawyer who i was trying to get to take the case she told me they handle these claims all the time but they dont take cases once they are denied. Do that sound crazy maybe its me..... The medical eviedence showed i had surgery on the wrong level of the spine. I didnt find out until by way of a mri 12 yrs later. I know their is a discovery rule in their somewhere..but was glad to see that this was the only reason it was denied I thought the lawyer would of jumped right on it. Im still looking for an attorney and I will get a strong IMO. My question is when i ask for a reconsideration can i let a lawyer handle th…
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Medication Lawsuit Filed Against Va
http://www.tampabay.com/news/military/veterans/lawsuit-bay-pines-va-sends-suicidal-woman-three-months-worth-of-pain-pills/1230308 In part: “TAMPA — The Bay Pines VA Medical Center mailed a three-month supply of pain medication to a Treasure Island woman with a history of suicide threats who died after overdosing on the pills, a lawsuit filed this month says.”
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Settlement Paperwork In C-File.
Is it okay that the settlement paperwork for a tort claim is in my C-File?
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Tip For Ftcaers
Fortunately there are not many queries in this topic. I highly recommend getting an IMO and a lawyer for any FTCA case. But I also recommend not depending on the VA Regional office to send to the General Counsel (or in some cases the Regional Counsel) the entire VA medical record files.( or even to your lawyer) I was able to find out that my RO had failed to send the OGC the most probative document they had from me- to prove my case so I sent that directly to the VA Medical Team in VA Central -who were quite angry to have started to make an initial erroneous medical determination that was completely wrong - without having this document holding significant inf…
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Ftca Denials- What's Next
The VA often makes an explicit or constructive denial on any SF 95 case. ( 28 USCS 2675 (a)) If the claimant has not acquired a lawyer at this point they must continue to seek one. If they have a favorable IMO that supports negligence or malpractice, most lawyers will be interested in the case (unless the resulting disabilities are minor) The claimant has 6 months in which to file the case in a Federal District Court. They should call or email the district courts in their state (all have web sites) to see which one holds jurisdiction over their FTCA case against VA and then purchase the court's Rules of Procedure. I paid between 200-300 dollars for this pac…
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Ftcaers
There is a lot to FTCA claims. I have been watching the Conrad Murray trial diligently. The prime focus of a FTCA case is to prove that the VA did not meet a 'usual standard of care'=that being the same standard of care in the 'usual medical community.'and that these 'acts' or 'omissions of acts' caused additional disability or death to the veteran. That was the sole focus of each FTCA charge I made in my case.The VA Peer reviews concurred. AT first they denied but I aggressively fought back-I had good weapons (the medical records were all I really needed) The Murray trial had a cardio doc and a Sleep Study expert on last week- as witness for the prosecuti…
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