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Need Help

I am filing a Tort Claim. Does the state where the malpractice was committed twice govern awards to veteran. Does state law prevail even though it will be filed in a different state.

Is there anyone that can answer my question or a site available.

So confused

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4 answers to this question

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Torts are wrongdoings that are done by one party against another. As a result of the wrongdoing, the injured person may take civil action against the other party. To simplify this, let's say while walking down the aisle of a grocery store, you slip on a banana that had fallen from a shelf. You become the plaintiff, or injured party, and the grocery store is considered the tortfeasor or defendant, the negligent party.


Please conider reading this article: http://study.com/academy/lesson/what-is-tort-law-definition-and-examples.html

As it seems help for your problem or you can consider contacting http://www.baizlaw.com/ .

They are known to be good for such issues and assist you with good supportive answer.

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I am sure the law firm you linked is a good one but I highly recommend any veteran who feels that VA has malpracticed against them, to obtain a malpractice lawyer who has dealt with tort claims against the VA itself.

There are many on the internet.

VA FTCA is determined by the two conditions I mentioned above:

"You must have documented proof of negligence or malpractice and then also documented medical proof of a resulting injury directly due to their medical errors."

That takes a strong IMO as well to prove and vet lawyers who have had VA malpractice experience already know how low the VA can go when it comes to dealing with FTCA issues.

This poster mentioned in the scroll that there were 2 incidents...there is often far more than 2 incidents.....malpractice has a snow ball affect.

Can you link us to any specific VA related FTCA cases that this firm has handled?

VA case law is far different from civil law....a good example is the fact that we claimants have no Discovery Rights.

Another fact is that VA can and will withhold critical information, that a non VA experienced lawyer might never even know about, in processing a FTCA case.

And a non -experienced lawyer, as far as VA torts go, might know nothing about the NBDB...or even Section 1151 claims.

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Its a Federal law suit but the VA hides behind the State Laws. In Texas the max you can get is 500,000.

I am pretty sure that you will be stuck in the State the VA was located in when you were injured.

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Yes I agree with Pete- that if there is a state cap on settlements under FTCA then you are stuck with the settlement figure.

That is if you settle with VA out of court.

If the FTCA goes into a federal court- you could possibly get much more.

For example:

"S.G. v. United States of America:

$5.77 million Federal Tort Claims Act bench trial verdict by a federal judge for a woman who became paralyzed as a result of a Veterans Administration physician's failure to recognize worsening neurological symptoms and perform a necessary surgery to relieve spinal cord compression.

Chicago Daily Law Bulletin article March 2003

Chicago Daily Law Bulletin article April 2003"

source: http://www.levinperconti.com/lawyer-attorney-1087669.html

I am a FTCAer. Please read all the information in this forum as to whether Section 1151 claim is better way to go on negligence or if you should file both as I did,You need to be aware of the offset criteria and that these are handled by VA as separate issues-

An SF 95 must be filed within 2 years after your knowledge of the malpractice with the OGC.And the Regional counsel of the VARO which holds jurisdiction over the claim.

If you pursue 1151 claims as well-file that with the VARO.

Send both OGC and the VARO the medical evidence that warrants an award or settlement.

You could win FTCA but still get a denial at the RO level on a Sec 1151 over same basis.

In that case you would have to get the OGC to straighten them out at the RO. That happened to me.

I am not 100% who holds jurisdiction over any potential settlement you might make with VA.

The medical jurisdiction lies within the state where the VA malpractice occurred.

Yo must have documented proof of negligence or malpractice and then also documented medical proof of a resulting injury directly due to their medical errors.

If malpractice occurs via the VA it is definitely in the medical records.It has a paper trail not easy to find in many cases but if they were medically deficient -the records will reveal what they did wrong or should have done and didnt and also a resulting disability from it.(or a private doctor's records could reveal the resulting disability.

You need the proof of what I stated above and I strongly advise getting an IMO and also a lawyer unless you are familiar with medicine and also FTCA case law.

I cant recommend a IM0 doc or lawyer for FTCA malpractice claims as I didn't have any help like that at the time.They can be found these days under Google. The medical evidence I had proved they killed my husband.I studied FTCA law and cardiology and neurology to win my claims,but

it is better to get an IMO doctor and also a malpractice lawyer for FTCA matters.

Edited by Tbird
Corrected Link

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