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

[marielovesashley]

Dear Berta,

I know Dr. Bash is Dr. Bash:-) Thanks for inviting me to read in more details about Mrs. Friery in case she would handle the private and it sounds she does.

Dear Pete53:

I am aware I talked about things not related (I feel sometimes my heart would blow up) - especially our re-unification was on June 16th, his birthday on June 19th - so I decided to remove the links not related to the Vets concerns - very few cases if none have concerns with Immigration. You expressed youself well it is just I did not want you to be concerned with external links because I am aware I was able to pour a bit my heart here because it helps you to understand the kind of challenge I am in and I appreciated nobody jumped on me about that.

I did not remove the links that could be directly helpful to the Vets, except this Immigration 130 pdf document.

By the way, one of my friends gave me this link:

http://www.legalmatch.com/main.html

You can literally post your case there and have Attorneys to "hunt" you also instead of just "hunting" them.

Click a category to find your Lawyer: Family Job or Employment Criminal Law and Police Real Estate and Housing Business Immigration Injury, Health or Disability Wills, Trusts and Estates Bankruptcy and Finances Government Products and Services Intellectual Property

And it's a good site:

<script language=JavaScript"> <script language="JavaScript" src="http://seal.validatedsite.com/seal.aspx?siteid=50337&st=2">

So a thank you to all the moderators for taking their time to help us out.

And I thank God I am not losing my mind because in my mess, I am really and definitively supposed to. All I am doing since a while is to fight.

Marie

p.s. I am good Citizen, respectful of others.

[marielovesashley]

I just received this from an VA Attorney:

I have also not performed

an analysis as to when the statute of limitations will expire on your

case, under the Federal Tort Claims Act, but strongly recommend that

you immediately consult with counsel in an effort to avoid having the

expiration of the statute of limitations raised as a bar to your

claim.

It's not 2 years?!?!? B)

I thought it was because I also did my own research plus what you said to me.

By the way since I am posting this, I guess it is preferable to present the case as medical malpractice because you can always raise the level after

but if you'd begin with wrongful death instead, then if you'd lose you'd lose everything. Am I correct?

Thank you,

Marie

p.s. I am still on bike. Just to make the things "easier". B)

[Berta]

The Statute of Limits is 2 years after one becomes aware of the malpractice.

I feel that something on your SF 95 must have indicated to the VA the malpractice dates were in some conflict.

You had many issues in this claim and some involve a private hospital.

The VA lawyer is correct- and I suggested that you get your own lawyer some time ago.

Medical malpractice and wrongful death-they are basically the same thing if the vet dies due to VA negligence.

There was more to the VA counsel's letter then this- since he/she said "also not performed".

It is most likely a question regarding the Jurisdiction aspect.

These are the 2 initial considerations that the VA counsel has to make:

1. does the FTCA tort claim fall within VA jurisdiction?

2. Is the claim within the Statute of Limits?

There were numerous issues in your husband's death.

The VA is right- they want you to seek counsel.They saw something in the dates that triggered this letter to you.

I have no idea what they saw-this is beyond my experience with VA counsel.I never received anything like this when I filed FTCA.

I would heed what they are asking you to do.ASAP.

[Berta]

By the way- four separate malpractice firms just popped up at hadit on the top ad thing-

Sean Cronin also just came up there- there are many malpractice lawyers who advertise on the internet these days-

I contacted one firm for you and you said you would follow it up-many weeks ago-

also what did Ms. Frery say as to your claim?

If I could have found a malpractice lawyer over a decade ago (prior to the internet) I would never have handled my FTCA claim myself.

These days they are all over the net.

[marielovesashley]

Well, I communicate with all these "wonderful" attorneys and nobody wants to help. So I am announcing that I'll try by myself (with no IMO because no attorney) and see where this will go.....because the biggest mistake would be to wait too long so I could not do anything at all. My husband died 1 year and 2 months ago.

It's worth a try and if I won't succeed, at least I would have try.

Thank you so very much for the support here.

Marie

[Pete53]

Hadit has helped a lot of Veterans when no other help was available. If you use the resources here you can win almost any claim that has merit.