Ftca- State Where Medmal Occurred Or Where Claimant Lives?

[Judy]

Is FTCA claim cap $$ limit based on the state limits where the malpractice occurred OR

on the state where the claimant resides when they file the FTCA claim?

Anybody know where to find a list of state caps??

Judy

[Philip Rogers]

Interesting question, Judy. I would think that state law would have nothing to do with it because VAMC's are on federal property and state laws shouldn't apply. I would think the FTCA claim would be filed w/that VA's general counsel or in the local Federal court. Someone who's had one should respond soon.

pr

Is FTCA claim cap $$ limit based on the state limits where the malpractice occurred OR

on the state where the claimant resides when they file the FTCA claim?

Anybody know where to find a list of state caps??

Judy

[Berta]

State caps control any out of court FTCA settlements-

The home page of your state will have Attorney General office or a referral to their legal dept and this is how I found NY state cap.

I am sure the jurisdiction for the state cap lies where the malpractice occurred.

Once you find a lawyer these are questions they too can answer-

But the Regional or District COunsel for VA with jurisdiction over this would be the one in the state (or VA jursidictional area)where the VA malpractice occurred.

[Berta]

PS- in my case the malpractice occurred in NYS and I filed FTCA here in NY as well as at OGC in DC.

Had I not accepted the settlement then I could have filed in a Federal Court.

These cases must go through the FTCA process first before one decides to file in Fed court.

Judy we have other FTCAers here at hadit too -I am not only one and I hope they chime in-these are good questions-

[Pete53]

I really do not understand how the VA can use the CAPS of the State but they get away with it. I am sure that they would make it Federal if filed in a high cost State. Many people who filed in the past used to do some creative stuff to get a favorable jurisdiction. I know one of the Class Action suits against VA was mad in California hoping for a more lenient ruling.

[Judy]

Here i am again with more questions.

Attorney General (of Texas) website calls these Torte claims "TTCA" or Texas Torte claims...says they are under the jurisdiction of the State (naturally)... so my question is....

If you file a FTCA claim, is that not a FEDERAL Torte claim and why would it be under the State Cap limit (if it is not a Torte claim against/concerning the STATE?)...

I spoke to Dr. Bash this morning and he will write me a new IMO for the FTCA claim as he agreed that my circumstances warrant such a claim (in his opinion) AND he is also writing document for me to support the EED (or CUE) of the wrongful reduction of rating by VARO between the 1970 to 1982 period. He said Jim was definitely re-rated "inappropriately" (was his word) and it is worth noting here that the IMO from him that I already have very strongly supports the wrongful reduction in rating. lIF this proves correct then the 8 yr or 10 yr rule becomes moot as Jim would have been 100% rated for 22 consecutive years!

Dr. Bash also referred me to an attorney whom he has a very high opinion of so I will consult with him as well as a couple of other attorneys before deciding on one.

Judy

[Pete53]

Judy:

Go get them. You and Berta are ferocious