Injury Due To Hospital Treatment

[kluender]

Can a claim be filed for an injury due to hospital treatment if the hospital isn't a VA hospital, but is a military hospital (Fort Jackson, Moncrief)? Also, the statute of limitations has passed which prevents the person from filing a Federal Tort Claim.

Thanks

[Pete53]

I think that a claim against the VA is still possible in this particular case.

Good Luck

[kluender]

Thanks Pete.

quote name='Pete53' date='Aug 16 2008, 10:58 PM' post='102851']

I think that a claim against the VA is still possible in this particular case.

Good Luck

[Berta]

This site might offer some help:

http://www.militarymedicalmalpractice.com/...ryhospitals.asp

This type of malpractice is explained at this site (there are many other military malpractice sites too) but it also says these claims usually come under the FTCA -therefore the claim of malpractice MUST be filed within 2 years after learning of the malpractice.

[Pete53]

You may want to take a good look at the Gardner case that opened the door for Veterans who were injured due to VA negligence to be service connected for it.

[Berta]

Pete I met you at Prodigy around the time Rod was in the Gardner moratorium and I ended up in it after he died.

Gardner helped some vets but closed the door for many vets too-

Prior to Gardner there was a no fault idea to some Section 1151 claims-which were awarded as secondarys with a 'no fault' concept but after Gardner decision - a vet must prove negligence-

FTCA -Gardner didnt matter to FTCA claims however-it had nothing to do with ny FTCA at all- the VA deliberately held that up- not the moratorium-

But Gardner would only help this vet if they are filing a Section 1151 claim.

No statute of limits on Section 1151 claims-

I dont know if there are any Sec 1151 claims filed against military Hosps but the BVA web site might have some.

Pete I met you at Prodigy around the time Rod was in the Gardner moratorium and I ended up in it after he died.

Gardner helped some vets but closed the door for many vets too-

Prior to Gardner there was a no fault idea to some Section 1151 claims-which were awarded as secondarys with a 'no fault' concept but after Gardner decision - a vet must prove negligence-

FTCA -Gardner didnt matter to FTCA claims however-it had nothing to do with ny FTCA at all- the VA deliberately held that up- not the moratorium-

But Gardner would only help this vet if they are filing a Section 1151 claim.

No statute of limits on Section 1151 claims-

I dont know if there are any Sec 1151 claims filed against military Hosps but the BVA web site might have some.

[kluender]

Berta and Pete thanks for the information. I'm just hoping that the 1151 can be filed against military hospitals that don't fall under VA such as Fort Jackson.

Pete I met you at Prodigy around the time Rod was in the Gardner moratorium and I ended up in it after he died.

Gardner helped some vets but closed the door for many vets too-

Prior to Gardner there was a no fault idea to some Section 1151 claims-which were awarded as secondarys with a 'no fault' concept but after Gardner decision - a vet must prove negligence-

FTCA -Gardner didnt matter to FTCA claims however-it had nothing to do with ny FTCA at all- the VA deliberately held that up- not the moratorium-

But Gardner would only help this vet if they are filing a Section 1151 claim.

No statute of limits on Section 1151 claims-

I dont know if there are any Sec 1151 claims filed against military Hosps but the BVA web site might have some.

Pete I met you at Prodigy around the time Rod was in the Gardner moratorium and I ended up in it after he died.

Gardner helped some vets but closed the door for many vets too-

Prior to Gardner there was a no fault idea to some Section 1151 claims-which were awarded as secondarys with a 'no fault' concept but after Gardner decision - a vet must prove negligence-

FTCA -Gardner didnt matter to FTCA claims however-it had nothing to do with ny FTCA at all- the VA deliberately held that up- not the moratorium-

But Gardner would only help this vet if they are filing a Section 1151 claim.

No statute of limits on Section 1151 claims-

I dont know if there are any Sec 1151 claims filed against military Hosps but the BVA web site might have some.