tk3000 Posted April 27, 2010 Author Share Posted April 27, 2010 carlie, I wouldn't necessarilyt have called it "bedside manner", it is more a matter of discrimination, intimidation, and personal attack tk tk, A doctors bedside manner is not for consideration for a tort claim. carlie Link to comment Share on other sites More sharing options...
carlie Posted April 27, 2010 Share Posted April 27, 2010 tk, Whatever you want to call it - it still does not meet the criteria for a FTC. I've already done one and prevailed due to additional residual disability. It took five years to get the doctors licensed pulled through disciplinary actions. If you have no additional residual disability - there is not grounds for a Tort claim. Principles are not relevant to VBA, only evidence and laws count. carlie Link to comment Share on other sites More sharing options...
tk3000 Posted April 27, 2010 Author Share Posted April 27, 2010 carlie, sledge It was not a C&P. It was a quick follow up (about 10minutes), and such physician stated on my medical records that it was "A Long, Complete, and Thorough Exam". It has to be some sort of joke. tk Sledge, The OP did not say it was a C&P examination. carlie Link to comment Share on other sites More sharing options...
tk3000 Posted April 27, 2010 Author Share Posted April 27, 2010 carlie, Thanks for the insights. I have been in contact with a patient rep and will writte a letter to the VAMC director. But I believe a legal action is necessary, maybe the FTC is a misnomer for such situation/case. But there has to be some legal and court resource, after all we do not live in North Korea, constitutional and individual rights are taken seriously. tk tk, Do you have any medical evidence of additional injury or disability shown to be as a result of this Orthopedics clinic doctor. A Federal Tort Claim is for mal-practice with a result of additional injury and/or disability. A patient having a really crummy experience with a doctor, does not meet the level of a Tort claim. You can request a change in providers but many times at the VAMC's specialty clinics they might only have, the one doc. I'd see a patient rep and write some letters to the VAMC director. jmho, carlie Link to comment Share on other sites More sharing options...
tk3000 Posted April 27, 2010 Author Share Posted April 27, 2010 Pete53: "Instead of looking for a court remedy I think you should ask or even demand another Doc. Its obvious from reading your post that you hate the scumbag who examined you." That is something that I have done from day one, actually I send an IRISH message complaining about the horrible experience that such physician in such faciolity (Ann Arbor VA) and clearly stated and demanded to have my care transferred to a non VA facility. As a response they cancelled any type of care for my condition in the VA Ann Arbor, and asked if I would accept going to Detroit. There are very good hospital in my area. Going to another city hundreds of miles away simply to have an appointment with a physician is an absurd. Anyhow my condition is problematic but stable. Thanks! tk tk3000: Instead of looking for a court remedy I think you should ask or even demand another Doc. Its obvious from reading your post that you hate the scumbag who examined you. You are part of the treatment team and you have a right to ask for someone that is not abusive. Good Luck Link to comment Share on other sites More sharing options...
tk3000 Posted April 27, 2010 Author Share Posted April 27, 2010 Thanks, Bill, I wil do some research and look into that. tk I used to investigate and process FTCA claims for the Air Force and Army. That said, this is not legal advice. The FTCA gives federal district courts exclusive jurisdiction over claims for money damages "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." The key phrase: "the law of the place where the act or omission occurred." Would a private person in that place, committing the same act or omission as that physician, be liable to the claimant for a tort? I'm not going to check the statutes or case law, because the answer is obvious. Bill Link to comment Share on other sites More sharing options...
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