Post At Allvets

[marielovesashley]

Yes, Allan

Berta recommanded me this guy.

I was hunting a Attorney willing to be paid contingency basis in the civil but I am beginning to wonder if I should go with all the gov't stuff first because somebody told me this yesterday:

"You can file Your own 42 USC 1983 action for wrongful death, medical malpractice any whatever You know. You could file a fraud complaint with the GOA-General Accounting Office, try Your local senator-A gov't piece of shit & or go to the city/county district attorney or the US Attorney & ask for murder charges be filed, criminal negligence resulting in death, manslaughter.

You'd want to do this part 1st & whatever material discovered is used in Your civil rights suit"

What do you think?

I am adding this - this is not posted to ALLVETS:

By the way, I just avoided the street by the skin of the teeth not of my fault and as you know I'll get 610 $ per month. With all the crap I lived because Immigration was not supposed to separate us at the borders because I was married to Ashley - so we lost 19 precious months - and as soon as I entered in the U.S. I was separated definitively from him because he died 5 1/2 months after and all the crap I lived in the damn VA Hospital so I am totally exhausted, always out of breath. (so I can not go to work) I just avoided the street by very few but it is just postponed because of the 610 per month but maybe there is something I can do....

I heard there is Federal foundings other than food stamps and Social Security Assistance even a Legal Immigrant like me would be eligible. Do you know about that? SURELY TOO GOOD TO BE TRUE. If that would exist that would not only help me, that would help thousands of widows because 610 $ when you don't have a family to count on is just good to send you on the street.

Marie

--- In ALLVETSINC@yahoogroups.com, "Allan" <ba2499@...> wrote:

>

> Hello Marie,

> I would go with someone that is experienced with 1151 claims.

> Give this guy a try. He's one of the best.

> Allan

>

>

> Veterans Medical Advisor

> 1151 claims for VA Hospital mal-practice

> http://www.veteransmedadvisor.com/?gclid=C...CFSQzSgodSmKTPw

[Berta]

I question the advise you got- you can file a SF 95 yourself and pursue it-if the VA malpracticed and caused your husband's death.

I believe I sent you one.

You can do all this without an attorney- the only thing that matters is the medical evidence of malpractice.

I strongly suggest that anyone who feels the VA malpracticed against them or a spouse should get an independent medical opinion-

95 % of malpractices issues I get word of (local vets and wives contact me because they still talk about my case at the local VAMC)

are not negligence or VA malpractice at all.

But at least with a IMO you know if the vet was harmed and injured by VA or they weren't and this too can give peace of mine even if the IMO is costly.

If the IMO supports a case, then it will be easy to get an attorney to represent you when you have a bonafide IMO stating malpractice occurred.

This is re: VA claims under FTCA only- Private hospitals are a different matter.

[Berta]

Jim- again you have given SUPERB advise on the whole 9 yards re: FTCA .

I dont mean Marie should not get a lawyer-I gave her a link to one sometime ago-

But as you said- and it pays to repeat-it is medical evidence of malpractice that wins these types of claims-

There is no place for wild accusations or emotional renditions in the FTCA process- just the cold hard facts-

A Lawyer will insist on an IMO and VA will hope the claimant doesn't get an IMO.

Often a Section 1151 claim is the best way for the vet to go-without the rigamorale of FTCA.

You made good points there.

Jim- I contacted numerous lawyers in NY to see if they could help me- none of them thought I had a case ( I couldnt even get appointments to get into the door to show them the medical evidence

even the DAV poo pooed my Section 1151 claim and said it would not succeed.They dont handle FTCAs as you know)

A man on TV in the early 1990s had what he believed was a racial discrimination suit basis.

No lawyer would help him so he filed the suit himself and studied the court procedure and regs as well as the Employment Discrimination regs.

He won.

So I was in the same boat and I won. Since then much of the legal community in 3 counties -many know me from the hours I spent in the local law libraries-

treat me with great respect. Especially the attys who would not help me.It got out all over this area when I won.

I dont advise doing any of this alone- the SF 95 can be filed without a lawyer and much of what the OGC asks for can be sent too without legal help but I do agree with you-best way is to have a lawyer- especially these days-

I have great lawyer now-

he cant wait to handle some of my VA stuff but I need to send him the new regs etc-

I might have a cause of action against a vet rep-too

An IMO that supports malpractice is an insurance policy and any lawyer would be unwilling- in my opinion- to turn down any case with this type of independent evidence.

There are pleny of IMO docs and lawyers on the net these days- when I filed - the internet was limited as to what you could find and attys were not allowed to advertise.

[marielovesashley]

I have more help here than I am used to get.

Thank you so very much, Berta and Jim.

Berta's quote:

"I have great lawyer now-

he cant wait to handle some of my VA stuff but I need to send him the new regs etc"-

I bet he/she is not in the New York State.

Jim's quote:

"With that said, if you feel that someone has intentionally committed one of these crimes, then by all means report them! Now"!

Well, he did not killed with a gun, he let my husband's organs to shut down instead of sending him to get a dialysis and that would save his kidneys and stop the dying process. This is a private hospital and I already sent a complain to the Congressman about it. Where should I report him is what I wonder. To let somebody die instead of giving him the care he needs is to intentionally let him die but it can not be considered the same way than shooting us both in the head with a gun which would be more human than let him die in pain (painkillers are not doing miracles) and let me see him suffer. I even went as far as made call the Office of the Congressman directly on Dec. 2nd 2006 (I did other things to avoid it but that was the most effective action) the hospital to change the decision but he did not change his mind even with that call.

I don't wish to complain or whine with what I am about to say - it is just the truth and I wish you to know I have other problems to deal with to make the things harder, that's all. I have more steps to do than other guys because I am an Immigrant having a hard time with Immigration and this is not new because they gave a hard time to Ash, a U.S. citizen. Just as an sample, I am on bike at 41 years old – all on bike. Actually, I am hunting a driver who won't steal my car (because Ashley was able to show me about half of how to drive) and be decent because I don't want to pay a driving school with the few money I have, that would be pretty stupid. JUST TO GIVE YOU A PICTURE OF WHAT'S GOING ON. So I am a bit far than the average widow U.S. citizen dealing with a wrongful death and that is sad and they separated us at the borders by force by not even respecting their own Immigration laws about a married couple – Nov. 3^rd, 2004 (I won't talk about Canada, it's worse but you have it at my mariemartine1966's blog) and after those 19 PAINFUL MONTHS OF FORCED SEPARATION AT THE MIDDLE OF OUR HONEYMOON, I was about to live the DEFINITE SEPARATION just 5 ½ months after….for a while, believing I'll join him in Heaven.

I thank God to help me to stay sane in this is all I can say. I need to vent, sorry and I can not stress in words how I feel but I thank God he saved Ash's soul from hell and my soul from hell and that's the bottom line.

Jim's quote:

"my wife is a foreign national living in a foreign country and she is entitled to an number of federal benefits such as CHAMPVA, DIC when I croak, and SSA survivor benefits. The best source of information is actually the local Social Security Office".

The reason why I asked is because I'm on bike and it is very far away from here the Social Security Office so I tried to solve my problem on the internet - yes, I have a social security number. Can I just google CHAMPVA, DIC AND SSA and stuff for now? 'Cause to have 610 per month won't help me to do justice for my Ash.

Marie

Edited June 27, 2007 by marielovesashley

[marielovesashley]

Here's another place folks can get the SF95 form:

http://contacts.gsa.gov/webforms.nsf/0/635...6;file/SF95.pdf

Thank you.

Marie

[marielovesashley]

I just sent an email to Susan Friery and I do hope she is accepting to deal on a contingency basis because that would definitively help. I am thankful to you for your effectiveness and I could even say your professionalism.

Marie

Edited June 27, 2007 by marielovesashley

[Berta]

You have mentioned the Albany VAMC as well as a private hospital-

these are two separate issues- the attorney will explain-

Yes I have a great New York lawyer and after I won my settlement I called a lawyer 20 minutes from the Bath VAMC about my will (I had asked for his partner when I called for their help prior to that with the FTCA claim but his partner had become a judge and I didnt know there was another lawyer in the firm-at all- his secretary still apologises for that-

this lawyer also was astonished at the evidence I had and said he would surely have represented me-in the FTCA matter- he helped me win a private lawsuit about 1-2 years ago - I had evidence-that is all he needed.

He retired last year and my new lawyer from NY is willing to do anything I need.

There are plenty of lawyers in NY who do malpractice issues- and can be found on the net-they even pop up here up top as a link.

you got a great referral and this is what it takes.

I would heed Jim's advise and definitely consider her representation if I were you.