Veterans Administration Immunity?

[Mcafee]

Hello All Hope All Is Well

Please forgive me but it has been brought to my attention that you can not hold a VA employee accountable for there actions.

FTCA filed and denied regional council and general council told theme see you in court counseler.

Now as for the process It is no longer the VA whom the suit or claim is against but the United States Gov..

Once again I fail to understand that you have all the different agencies in place to assist Veterans and yet the only thing these agencies do is cover it up or bury it deny it regardless if the facts are there and make it so frustrating and difficult you want to argh some one badly these people would never treat a family memeber as to what I have expiereanced.

It has come to my conclusion that they are untouchable. to include directors of the various facilities VAMC VISN VHA PT advocate Med.Inspector OIG right down the list.

In conclusion I am not looking to change the system how ever when Med Records are altered or inaccurate this is a reflection to ones application for COMP and Pen.

In my attempt to ammend In Wash DC there responce was take it Federal District Court and I plan too. THE ARROGANCE OF THESE PEOPLE.

IN MY ATTEMPTS TO OBTAIN RESOLVE THERE IS NO CARE FROM VAMC AND FOR AS MANY TIMES TO REACH OUT TO THOSE IN DC AS WELL

SEEYA IN FEDERAL DISTRICT COURT.

Perfect Example made an attempt to reach out to the director at EOVAHCS he told me this is my private line and to never call it again imagine a public servant .

I am just so spent in dealing with complete morons.

Thank You For Your Replies.

[allan]

When Veterans commit fraud, it's punishable by fine and or imprisonment.

When a VA employee commits fraud, it's called an error.

If VA employees received legal prosecution for fraud there would be very few claims on backlogs.

Edited October 31, 2011 by allan

[Notorious Kelly]

Why do so many VA employees wear their badges backwards so you don't know their name?

It doesn't "flip" that way; it is actually clipped in place intentionally hiding their identity.

[Pete53]

Why do so many VA employees wear their badges backwards so you don't know their name?

It doesn't "flip" that way; it is actually clipped in place intentionally hiding their identity.

Many of the bad seeds are afraid of Veterans. However, you can help your own self by asking anyone that you deal with their name. And than be sure and use it by thanking them for helping you. I always ask at beginning and end of conversations unless I already know them.

[GuaymasJim]

Berta, your sentence:

"You must prove you have incurred a documented medical disability solely due to negligence or medical malpractice on VA's part in order to file a FTCA case."

narrows the definition too much.

I would change it to read:

"You must prove you have incurred damages as a result of any of your VA care being below the "standard of care" in your area."

This is not only a VA thing, it covers the entire federal government except the military (Feres Doctrine). I am hearing that the Feres Doctrine is currently being contested in court.

Having said that, if a person has "incurred a documented medical disability solely due to negligence or medical malpractice on VA's part" that person would certainly win a claim under the Federal Tort Claim Act. My point is that torts come in many flavors; not just medical malpractice.

A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties.) Medical malpractice can be either civil, criminal, or BOTH.

[Berta]

There are many nuances of different types of FTCA claims-

'My point is that torts come in many flavors; not just medical malpractice."

but here at hadit we primarily see FTCAs filed due to medical negligence and/or malpracvtice.

Having said that, if a person has "incurred a documented medical disability solely due to negligence or medical malpractice on VA's part" that person would certainly win a claim under the Federal Tort Claim Act. My point is that torts come in many flavors; not just medical malpractice.

[Berta]

There are many nuances of different types of FTCA claims-

'My point is that torts come in many flavors; not just medical malpractice."

That is correct.

but here at hadit we primarily see FTCAs filed due to medical negligence and/or malpractice.

Having said that, if a person has "incurred a documented medical disability solely due to negligence or medical malpractice on VA's part" that person would certainly win a claim under the Federal Tort Claim Act."

It worked for me.

It takes a full reading of FTCA case law to determine sometimes how to file a tort claim.

And what kind of claim.

and for what

and against who.

This isnt good:

"care being below the "standard of care" in your area."

Better is proof that acts or omissions of acts were "below the standard of care in the usual medical community."