FTCA Federal Tort Claims Action

150 questions in this forum

1. 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…

   Asked by carlie, February 27, 2011

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3. 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=

   Asked by Tbird, August 10, 2008

   0 votes
   3 answers
4. $2,000,000 VA malpractice

   https://www.norwichbulletin.com/news/20190712/lawsuit-against-va-in-death-of-oakdale-veteran-settled-for-2m

   Asked by Berta, July 12, 2019

   0 votes
   6 answers
5. $900,000 Ftca Award Failure To Treat

   The Department of Veterans Affairs this month agreed to pay $900,000 to settle a lawsuit filed by the family of a Washington man who died in late 2012 after a VA scheduler failed to refer him promptly to specialized care for melanoma. Read more here: http://www.thenewstribune.com/2015/01/24/3603545_va-settles-for-nearly-1-million.html?rh=1#storylink=cpy

   Asked by Berta, January 25, 2015

   0 votes
   16 answers
6. 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.

   Asked by Berta, June 4, 2019

   0 votes
   12 answers
7. 1151 Claim

   DOES THE VA SCHEDULES C&P FOR 1151 CLAIMS

   Asked by jackdays, July 6, 2013

   0 votes
   5 answers
8. 1151 Dic Award With Imo From Dr. Bash

   I posted this due to a different topic here today but this is a good example of how a DIC claim under 1151 can succeed: Dr. Bash's IMO is referenced in the decision. This widow, like me did not originally file the 1151 claim, her husband did like my husband did, and we both had to continue the 1151 claim after their deaths. Her DIC and accrued claim was filed within one year of the veteran's death so she was eligible for his accrued 1151 comp and also the 1151 DIC. A great case but it goes to show how difficult VA can make things for widows.

   Asked by Berta, November 1, 2014

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   0 answers
9. 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 …

   Asked by Ethan'sGrandma, June 14, 2011

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   2 answers
10. 1151 Or Federal Torte Claim

    Is there anyone out there thats knows if you are entitled to file both? I had a nerve cut during a routine Hernia operation. It was at the V.A. hospital in Mpls. I am going to have to take nerve block injections every 2 months for the rest of my life or I cannot walk. Can anyone tell me what I should do?

    Asked by Veteran43, June 2, 2010

    0 votes
    4 answers
11. 1151 Or Ftca

    I had an incisional right flank hernia repair (01-14-09) as a result of a kidney removal which is service connected. The surgery has resulted in a new hernia in the new incision. As a result of this,I have lost my job, I am suffering multiple medical problems including depression, lower back problems, walking with the aid of a cane, digestive problems, and constant pain at the surgery site. First, the doctor claims that my surgery is not service connected, yet I am rated at 30% for the kidney removal. Second, the doctor states there is nothing wrong with me and he has done the best he can do. Third, he states the difficulties I am having are a result of excessive weight g…

    Asked by racemech, October 23, 2009

    0 votes
    1 answer
12. tdiu 1151, When No Offset Regs

    http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCYQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart4%2Fsubptii%2Fch03%2Fpt04_sp02_ch03_secD.doc&ei=pfpoU9SCF4SPyATMzIKoBw&usg=AFQjCNF9K_I2UBBOXGTq0vWy6O0-OioFmw&bvm=bv.66111022,d.aWw Under # 13 "Change Date March 20, 2011 a. Principles for Determining the Offset Amount Under 38 U.S.C. 1151 The amount of offset must not deprive a Veteran of any part of the compensation payable to him/her if a claim under 38 U.S.C. 1151 had not been filed. Do not offset any amount if the disability compensable under 38 …

    Asked by Berta, May 6, 2014

    0 votes
    13 answers
13. 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

    Asked by JohnM., May 29, 2010

    0 votes
    21 answers