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Hollis

Ftca Explained

Question

FTCA info- VA itself publishes all there is to know as to the legal aspects of FTCA:

http://docs.google.com/viewer?a=v&q=cache:PlR4EfXlVFMJ:www.benefits.va.gov/warms/docs/regs/38cfr/booka/part14/s14_600.doc+FTCA+Veterans+aDMINISTRATION&hl=en&gl=us&pid=bl&srcid=ADGEEShfpP591o-YGaXP8mqRAmeBVk8DnySQExEuq6bGiGIyP01VpNjVtwSqWv7AeDXLXIlekXywOSno6_HBqcGXPpf50sGvCNXxRPmUY-trv9MRkqTDsI9BiCoxuQyD91e8XGYmbhIR&sig=AHIEtbSOPc4PGZEoFO8BpPXpvYODCjhb3Q

Robb Graham and other malpractice attorneys on the net expand on these regulations:

http://www.vamalpractice.com/

NOLO expands on te4 FTCA regs:

http://www.nolo.com/legal-encyclopedia/suing-government-negligence-FTCA-29705.html;jsessionid=133E5509440BB79CA52C0A42129829F7

NVLSP expands on the FTCA regulation and the nuances of Section 1151 claims as they can impact on

monetary damages from these types of claims if they are filed simutaneously.

VBM NVLSP any edition.

State laws govern many settlement caps under FTCA. Your state will have info on that which is googleable.

If you feel you have FTCA issue but dont like to read- hire a malpractice lawyer as they know above stuff in and out.

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and to add one of my prior posts here:

http://www.justice.g.../Forms/sf95.pdf

You will have at least one entry of damages in 12a,b, or c and make sure you TOTAL the damages in # 12 D.

(I am adding here to older post that the OGC lawyers told me this is one of the critical errors that claimants make- if they don't have a lawyer-and they fail to properly total the damages amount in # 12.Also you MUST put in a monetary amount as the entires- if you leave this blank the OGC will reject the SF 95. My total was 58 million.It caught their attention.)

As Basis for the claim:

You need to state that the VA did not adhere to principles as found within the standard medical community and thus caused you additional disability by their negligence.

( I am adding here to this past post-that this statement is CRITICAL to your claim. Proving the VA's medical care was substandard rests entirely on what the 'standard' or 'usual' medical community -outside of the VA -would have doneas far as diagnosis, and treatment ,tests, meds,are concerned)

You can refer them to specific medical evidence (FROM THE CLINICAL RECORD) that would support this point and attach copies of it.

If you prepare this evidence with a cover letter and are specific as to documented negligence or malpractice, you might get a phone call from the VA counsel right away and then get a Peer Review done within months.

An FTCA award depends on documented negligence and/or malpractice (they are really the same thing)

and documented evidence of additional disability or death resulting directly from the VA malpractice.

Since FTCA is a legal issue and it involves medical evidence , best to get an IMO that supports malpractice and if it does, a lawyer would be crazy not to represent you.

And best to have a lawyer prepare the SF 95.

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Berta,

The sf95 link is not working :(

I sure would like you to do an article on FTC and we could make

it a pinned topic that can't be replied to, just put the info out there

for other's down the road.

Let me know if this would be possible.

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Hope this works:

http://www.sf95.com/

Yes that is a good idea Carlie and I will work on that.

The first point I will make however is if anyone is considering FTCA, to obtain an IMO first and then get a lawyer.

Anyone has the right to prepare the SF 95 themselves and support their case without an attorney's help-

as long as they have a strong IMO in support of VA malpractice ===== without that IMO --- they might as well forget about FTCA or be willing to really study the field of medicine that their cause of action falls into.and get up to the level of the VA Top Medical Guns.

When I won FTCA the news spread like wildfire at the local VAMC that I had named doctors from as one of the malpracticing VA entities.

I was overwhelmed with vets from this VAMC ( and still am sometimes ) who thought my success would rub off on them and they wanted me to prepare and handle their FTCA claims.

No way. I am not a lawyer and most of their malpractice stories had no real basis in fact.I dont mean to suggest they were lying-in any way- I mean that they did not have the medical evidence they needed to succeed or misunderstood what FTCA really is for.

If you succeed you sign a settlement with the United States of America-not the VA.At least that is what my settlement papers say.I need to read them =I forget how they put it-

but my point is any FTCA charge for medical malpractice is very serious business.

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Hope this works:

http://www.sf95.com/

Yes that is a good idea Carlie and I will work on that.

If you succeed you sign a settlement with the United States of America-not the VA.At least that is what my settlement papers say.I need to read them =I forget how they put it-

Berta,

That link is to a law firm, I guess the SF95 is probably there too.

I am so glad to read you are willing to work on an article for this,

as time permits of course.

I also had to sign a settlement agreement with the United States of America,

(this came from court ordered mediation) as that's who the FTC was against.

I am listed as the Petitioner and the USA was listed as the Respondent.

I also agreed to sign a non-disclosure clause.

I had the cash within 10 days of our mediation and I paid my lawyer out of

the funds I received.

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The upper right hand corner of the law firm's page has a download for the SF 95.

It is here too somewhere in this forum.

The article will take me quite some time to do.I know I will have many hyperlinks in it because all the FTCA info anyone needs is on the net- and probably here already too.

I see FTCA questions at hadit that are very frustrating because these claims involve both legal and medical issues.

We cannot even tell here in most cases if the medical evidence the potential FTCAer has really supports charges of malpractice or negligence.

That is why an IMO doctor's opinion is critical.

My papers are similar to yours Carlie but I signed along with one of the OGC lawyers.A settlement is only valid once the money has been paid to the plaintiff.

I was told by the VA lawyer my cash would arrive at my bank within a few weeks if not days.

2 or 3 months passed with no money.I called the OGC lawyer and told him the settlement deal was off ,I was ripping up the papers I signed because they were moot and not valid and they could start adding a thousand a day to the settlement we agreed on and prepare a new settlement.

The settlement I made was clearly contingent on the passing of this money to me from the US of A Treasury dept.

No cash no settlement

He sounded horrified.He called the US treasury dept and gave me the number too for the person who cuts these checks. Within days I got my money.

One more reason you have to be tough with them unless you have a lawyer.

Edited by Berta

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