Va Claims Doctor Not A Va Employee

[littlejuniata]

My VA hospital claims that the surgeon who operated on my is not a VA employee, the doctor has a website that clearly states that he is the "Chief Of Cardiac Surgery at that VA Hospital"

[Berta]

You should get that info on this doctor to the General Counsel immediately-

I am concerned about the SOL on your claim-

And get a good attorney- they advertise under Google re: Medical Malpractice.

[littlejuniata]

Berta: Thanks for the reply How would I get the information to General Counsel? I have the letter from the VA attorney stating that the doctors are not VA employees, would she lie about something like that?

[jbasser]

Abe, any Doctor listed as a chief of a department has to be a federal employee.

A contract doctor is called a Fee Basis doctor.

He may not be under fers but Doctors have different incentives than regular employees as they are not general schedule employees. Theis is explained in the Title 5 United States Code. (Payroll)

[littlejuniata]

Wouldn't I have been required to sign something stating that the doctor was not a VA doctor?

[Berta]

It appears you are dealing with the VA's Regional Counsel?and not the General Counsel in DC?

Just send this info to the VA attorney who is handling your case-( get tracking slip to prove mailing) who said the doctor was not a VA doctor.

I dealt primarily with the General Counsel after the regional counsel up here retired (he had already started to talk settlement with me and got a Peer Review done that supported my claim but when he retired it all mysteriously disappeared so I raised hell and the GC handled my claim from that point on-)

I keep forgetting that many regional or district VA attorneys handle these FTCA matters.

Many FTCA claims are filed with the GC initially so that the GC can determine what RC office has jurisdiction.

It also pays to get these lawyers on the phone too-

The VARO will say they have no phone numbers for regional counsel- but the GC in DC can give you their phone numbers.

Edited November 10, 2007 by Berta

[littlejuniata]

Thanks Berta: The attorney I am dealing with is the one who sent a letter saying that the doctors were not VA employees, should I send her the information or the General Counsel in DC?