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FTCA Federal Tort Claims Action
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150 questions in this forum
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A Brief Overview Of The Ftca
A Brief Overview of the FTCA Malpractice and medical negligence can happen at any top notch private hospital as well as within the VA health care system. VA heath care is most often as adequate and proper as health care found anywhere in the world. But medical errors can happen. Any medical error, which could be an omission of a proper medical act as well as a documented prime facie act of negligence ,and which is not corrected immediately by the VA ,could result in additional disability and even death.The Veteran who was set for surgery a few years ago for removal of a gangerous leg, woke up after his VA surgery to find the good leg had been removed by VA inste…
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Ftca - Check This Before Posting Your Question It May Have Already Been Answered!
http://www.google.com/search?hl=en&q=f...mp;aq=f&oq=
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LEgal Representation for FCTA against VA Malporactice community care providers
I apologize if this is a long one. It being so long is one of the reasons I am having difficulties finding a way forward. I am needing help in doing a FTCA or a lawyer who can do one or at least how to figure out damages. About 8-9 years ago symptoms started. VA did basic testing which didn't definitely show a condition, but various abnormal test results were found and disregarded, ignored, or treated. Started seeing non VA care and was diagnosed with small fiber/autonomic neuropathy caused by an unknown autoimmune illness in 2021. VA was sent my diagnosis in 2021. In 2020 was diagnosed by VA mental health with a somatic disorder since no medical cause cou…
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1151 and/or FTCA advice
I am putting this link here: https://community.hadit.com/topic/74381-filing-a-claim-for-a-heart-attack-due-to-nsaids/page/6/#comment-466477 so that I don't have to repeat the advice again- If anyone vet or survivor of a veteran, feels the VA malpracticed on the veteran, they need to obtain an IME, if the vet is alive, or an IMO if the vet has expired. They will need to give the IMO/IME doctor ( who should be a specialist in the prime and/or secondary cause of death, on the death certificate) the complete VA medical records of the veteran and copy of autopsy findings if an autopsy was done.
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FTCA info 2021 a must read
I am again reposting what is already here on FTCA-I do not intent to repeat this info again. FTCA regulations have not changed since I FTCAed the VA decades ago. This first paragraph ,current to the VA web site, contains everything a claimant must prove: "Office of General Counsel Claims Under the Federal Tort Claims Act The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office…
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FTCA overview info correction
https://community.hadit.com/topic/42506-a-brief-overview-of-the-ftca/ I saw something odd here this AM. I saw a guest was reading the FTCA forum. That isn't odd. We get hundreds of guests here everyday and sometimes I like to see what they are reading- I have asked a few vets and widows over the years , to read our info there,regarding FTCA and to join the site. Part of the info in the above link is my personal experience with FTCA, but when I read it- it did not seem to be what I would have written in that link- which Carlie had written and posted and then I noticed in 2015 that TBird had edited the linked topic. I dont know what happened to my …
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Ftca And 1151 Info Bumped Up
In this link: is a brief overview of the FTCA claims process. I need to stress a few points I made: “The SF 95 form is the first legal document you will be filing. Most lawyers want to prepare this form themselves.There is a specific type of wording that is needed in Question # 8 as to the cause of action.Your lawyer will know how to file this form with the Regional Counsel who has jurisdiction over the alleged malpracticing doctor (s) you name in the charges.” I have put the template I used somewhere in this forum for my SF 95 but a lawyer might well want to state it differently than I did. You or your lawyer must make the point that the treatment ,…
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Inspector General -VA Report on the horrible Fayetteville VA situation of 2019
I believe the VA saves lives Every Day. Still mistakes are made. This is the final report on the Fayettville situation of 2018. Searchable here. I and 2 vets from our radio show podcasts fully believe Mike Sasser ( Stretch) long time hadit member and our technician for past radio shows, was dead because of the errors of this pathologist, Robert Levy. I gave the wife via Jerrol Cook, producer of the radio shows, a lawyer to contact, after I spoke to him at length But I understand she never did file.( or maybe she did but did not want anyone to know that) https://www.va.gov/oig/pubs/VAOIG-18-02496-157.pdf This is just part of the OIG’s report: .” Afte…
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VA settlement $2.75 Million Malpractice
https://pittsburgh.cbslocal.com/2021/05/21/pittsburgh-va-settlement-botched-surgery/ Pittsburgh VA Hospital To Pay $2.75 Million To Veteran Whose Surgery Was Botched My bill on VA malpractice has passed the Senate and the H VAC has sent it to a sub committee on health. S 221- it is an attempt to save lives, forcing the VA to honor the NPDB mandate, and identify malpracticing doctors who must be disciplined.( or canned)
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Additional FTCA/1151 info
This issue came up here a few times over the years, and also some months ago---but it bears repeating. In Most of the 1151 and/or FTCA questions we see here- it is obvious that the veteran's health care same solely from the VA. In a widow’s issue, months ago - it took quite some time for us to realize that the veteran’s surgery, which seemed to contribute to his death, was acvtually done at a non VA facility.That is not a valid basis for 1151 or FTCA charges against the VA. These types of claims can only be filed in regards to actions of actual VA employees. The BVA explains this in the following decision: “As an initial matter, compensation p…
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New Bill grants disclosure info to vets who might have been harmed by VA health Care
In Part “Veterans Affairs officials will have to provide basic legal advice to veterans who file medical malpractice claims and provide information on local staffing issues … The new legislation mandates that the department provide ‘notice [to vets] of the importance of securing legal counsel’ and clearly identify the employment status of any individuals involved in the case within a month of a veteran submitting a malpractice claim. VA officials had opposed the idea, saying it creates unnecessary burden on staff.” Vet, with aid from Congress, forces VA to increase disclosures in malpractice cases | Patrick Malone & Associates P.C. | DC Injury Lawyers - JDS…
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Navy seal sues VA over New Caregiver program
Former Navy SEAL, Wife Sue VA Over New Caregiver Program Rules | Military.com This will be Very interesting- it should probably be a class action- I just hope it flies.
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