Carlie- My Ftca

[Berta]

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

[Capt.]

Hello Berta, As always you posted something very useful. I have a FTCA just starting and have a very good FTCA lawyer but still it takes legwork and patience. Gathering all your evidence and reports to substaniate an FTCA is so critical. I may still have to pay for an IMO in the field concerning the malpractice. I already have one IME but if I have to get another to close the door on the VA then thats what will be done.

I am curious as to how long did it take you to reach a settlement on your FTCA claim? I have heard different time frames but generally it is faster than our VA claims litigation process. Anyway thank you Berta, Hope you are just about thru with all that snow as you have to getting cabin fever by now. Come on Springtime..... Above all remember ....NEVER GIVE UP. God Bless. C. C.

[Berta]

Filed SF 95 in Dec and by March I had contact from the RC and VA had obtained the first Peer Review report and wanted to settle with me.

I had sent them positive proof of malpractice attached to my SF 95 form with my statement.

There is no way to determine any time frame on FTCA.

[Capt.]

Hello Berta, Thank you for telling me that. You had a very fast trip with them. I would imagine that supplying the needed evidence for them to make a decision was the clencher. I did not supply that much ,just timelines and dates and medical diagnosis that lieted the atherosclerosis which went on untreated and unmentioned. I hope I have a fast trip with them as you did. I will be seeking an 1151 after I win a decision or settlement over the FTCA malpractice. God Bless you Berta and thank you so much. Remember NEVER GIVE UP. C.C.

[carlie]

Berta,

I did a copy and paste of the download, posted it in the FTCA Forum,

closed the topic and pinned it.

I don't know if all the hyper-links will work out or not.

People may have to copy and paste the links into their address bars -

but that should not be much of a problem.

I sure appreciate you taking the time to do this !

XO

[Berta]

Thanks Carlie-I was going to get into the District Court aspect of FTCA but that goes state by state and it is overwhelming and boring legal crapola.

That stuff is for the lawyers to deal with if the VA denies any veteran's FTCA claim.It is all controlled by state laws anyhow so it is difficult to even post anything here that would help any specific veteran as far as federal FTCA cases.

Bill - a lot happened after the VA wanted to settle with me in mere months.

What happened next -took another 2 years to resolve the claim by virtue of a settlement. My case received four different Peer Reviews-I just checked the file.4 reviews. That is unusual.

and Too complex to discuss.

I didn't get any money for 2 years after they wanted to start negotiations.

The VA will go as low as they can go in order not to pay a wrongful death case.

The point I was making -and didnt make clear-was that the VA GC accepted my case within the initial 6 month time frame and had a report from a VA doctor that fully supported the charges. They didn't deny it within that first critical 6 month period.

I fought them for 2 more years .I am a layperson and not a medical doctor. That was part of the problem.

I learned enough cardiology and neurology to prove my case.The VA isn't used to dealing with laypeople who have enough medical background to make them look incompetent. They tried to defeat my claim with every review they did and they failed.

You probably will not have any of these problems as you are obtaining an IMO that reveals malpractice.The stronger the medical evidence, the faster it can go. But it could still take years.

[carlie]

Berta,

When we first began mediation for a settlement on my FTC

the attorney generals first offer was 3 K.