Hello Again Help Needed Va Claim

[littlejuniata]

Hello: I was here before conderning a VA malpractice claim where they did a valve replacement and cut my cartoid artery resulting in significant blood loss before they noticed it. I have been in contact with the VA attorney and they are reviewing the case, (couple months) Saturday I received a letter from that attorney saying that the doctor who made the error is not a VA employee! What should I do?? Thanks in advance

[john999]

Little

Get a lawyer and quick. You need a pro to help you with this I think. The VA has a lawyer and that is a good indication that you need one. There is always fine print that you may not be aware of, but the lawyer is paid to know this jazz. There are always deadlines running in these situations and if you don't meet them you are usually sunk. I think if you win your lawyers fee comes out of the award most likely. My mother died from malpractice and my lawyer got half a million bucks and my mother was 83 years old. I could never have gotten that kind of money for her estate on my own. The lawyers know how to get the records and they can hang the culprits out to dry.

John

[littlejuniata]

Little

Get a lawyer and quick. You need a pro to help you with this I think. The VA has a lawyer and that is a good indication that you need one. There is always fine print that you may not be aware of, but the lawyer is paid to know this jazz. There are always deadlines running in these situations and if you don't meet them you are usually sunk. I think if you win your lawyers fee comes out of the award most likely. My mother died from malpractice and my lawyer got half a million bucks and my mother was 83 years old. I could never have gotten that kind of money for her estate on my own. The lawyers know how to get the records and they can hang the culprits out to dry.

John Thanks for the Reply John, I would really like to do this without an attorney, since I mentioned the doctors name in the initial letter to the VA sent in July 2007 (operation was July 2005) can I still bring action against the doctor?? Thanks again

[Frank0469]

You NEED an attorney on this one or the VA and the federal courts will eat you alive. You need an attourney that is familar with 1151 claims and federal tort acts as either one or both can apply and provide different compensation.

I would contact the NVLSP for their recommendations of an appropriate attorney. After that I would either find a library that has the Veterans Benefits Manual and code book or buy them yourself and/or the DVD. This is an invaluable tool for all vets.

You need to know the game... They already know the game and how to royal screw us vets over. Once you get the attorney and the reading material start memorizing VBM Chapter 4, 38 USCS section 1151. The federal tort claim act is something to be familar with also.

Arm yourself and don't delay.. it will only hurt you more.

Frank

[littlejuniata]

You NEED an attorney on this one or the VA and the federal courts will eat you alive. You need an attourney that is familar with 1151 claims and federal tort acts as either one or both can apply and provide different compensation.

I would contact the NVLSP for their recommendations of an appropriate attorney. After that I would either find a library that has the Veterans Benefits Manual and code book or buy them yourself and/or the DVD. This is an invaluable tool for all vets.

You need to know the game... They already know the game and how to royal screw us vets over. Once you get the attorney and the reading material start memorizing VBM Chapter 4, 38 USCS section 1151. The federal tort claim act is something to be familar with also.

Arm yourself and don't delay.. it will only hurt you more.

Frank

Thanks Frank, I may need an attorney after all, I thought they would treat a veteran right!!??

[Speaking Out]

PLEASE GET AN ATTORNEY! The VA has attorney's who deal with this all the time, it is their job. You've seen some of their handy work by the letter saying the doc is not a federal employee. Find an attorney, they will take your case on a continent fee basis meaning they get nothing if you don't. Since this is a tort against the USA, the attorney can only take 25% instead of 40 on a regular malpractice claim. As to whether you can add this doc, I guess it depends on how you filled out form 95 and many legal issues that I don't know about, but an attorney will. There are many wittnesses in an operating room and an attorney can get to those people for statements. Make sure your attorney knows about 1151 benefits and tort claims. You sound like a very intelligent person, as we all are, and many of the husband's in our supper club have had vasectomy's and us women think we could do the next one ourselves, but we are intelligent enough to know we need a trained professional to do that job. Get an attorney and have him or her be your dog in this fight, because believe me, the VA will fight and I to thought the VA would treat a Vet right. I was wrong. It is disgraceful the lengths the VA will go to not own up to mistakes and money is no object. The VA will spend a large amount of money to try and get out of doing the right thing and they'll make it so difficult on you that you'll want to give up, they hope. Hang in there.

[Berta]

The advise here is correct- get an attorney ASAP-

The doctor who signed the Discharge Certificate was surely a VA doctor and others who assisted at the surgery must have been too-

I was a little worried about this when I filed my FTCA because I knew some interns from the University Hospital had been coming into Rod's room at the VAMC.

One doctor even told me he was from "Upstate" -meaning what they called the University medical center in Syracuse-next to the VAMC.But I did confirm he was employed by the VA itself (I wonder sometimes if he said that just to throw me off -he was part of the prior malpractice cover up)

I took no chances and under Witnesses on the SF 95 I named every single VA doctor who I believed messed Rod up-(a long list)and supported that with their own handwritten notes in the clinical record.

Someone here is liable for these medical errors in your case-

Only a lawyer would know who and how to deal with all this.