Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Berta

Supremes Give New Immunity Ruling

Question

Supremes Rule on Gov malpractice

http://www.allgov.com/news/controversies/supreme-court-rules-us-government-not-immune-for-medical-malpractice-by-pentagon-doctors-130306?news=848653

In part:

“Military physicians have long enjoyed immunity from medical malpractice cases, but a recent ruling (pdf) by the U.S. Supreme Court has opened the way for some lawsuits to proceed against doctors who harm their patients.”

and:

“Doctors working for the Department of Veterans Affairs have been immune from medical malpractice litigation since 1965, when Congress adopted legislation protecting them from lawsuits. “


True. Litigation is brought against the VA directly and settled with the United States of America.


The only way VA doctors are disciplined is via the National Practitioners Data Bank that gets them placed on the Dept of Health and Human Services list of disciplined doctors (which is public knowledge and listed by DHS state web sites.

The OGC gives the NPDB that info (that is they are mandated to but dont always do that )


This Supreme Court decision however can impact on any patient of a military physician.

It will be interesting to see how this news will affect the prior immunity of part of the medical community (the military part)

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

Supremes Rule on Gov malpractice

http://www.allgov.com/news/controversies/supreme-court-rules-us-government-not-immune-for-medical-malpractice-by-pentagon-doctors-130306?news=848653

In part:

“Military physicians have long enjoyed immunity from medical malpractice cases, but a recent ruling (pdf) by the U.S. Supreme Court has opened the way for some lawsuits to proceed against doctors who harm their patients.”

and:

“Doctors working for the Department of Veterans Affairs have been immune from medical malpractice litigation since 1965, when Congress adopted legislation protecting them from lawsuits. “

True. Litigation is brought against the VA directly and settled with the United States of America.

The only way VA doctors are disciplined is via the National Practitioners Data Bank that gets them placed on the Dept of Health and Human Services list of disciplined doctors (which is public knowledge and listed by DHS state web sites.

The OGC gives the NPDB that info (that is they are mandated to but dont always do that )

This Supreme Court decision however can impact on any patient of a military physician.

It will be interesting to see how this news will affect the prior immunity of part of the medical community (the military part)

Berta,

Thanks for posting this.

Your quoted part above that I made larger - in red and underlined is so true.

I was very surprised when my FTC hit the court and stated my name against

The United States Of America.

Just those words made me feel horrible, but it is - what it is:-(

Share this post


Link to post
Share on other sites

Ad

Yes Carlie, it is a staggering thought that the USA is the responsible party.

My settlement papers start out with "It is hereby agreed between the United States of America, by and through (then they give name of the VA General Counsel VA lawyer) and then they add my name, then state The United States agrees to pay.... they put the settlement figures there and then state

Unites States ,6 more times, having the OGC lawyer sign for the United States of America , at the last page where the offset agreement was determined and then they had the questions for my bank account for wire transfer of the funds.

It sure is chilling to read.I am glad I kept this original document because I needed when the VA had to refund the offset to my DIC in 2009.

I agreed with OGC that I would never reveal the settlement but I didn't agreed not to gripe about the fact that the USA ,under auspices of the VA,

killed my husband with piss poor medical care and did not follow through with a proper reporting of the negligent doctors to the NPDB.I havereminded the OGC of that fact from time to time.

When you love your country ,as we all do here, in a case like mine, the US of A is the responsible party.

You are right ....it is what it is.

FTCA...the VA Office of General Counsel has superb lawyers who know 38 USC in and out.

I have tremendous respect for them all and they were a smart but difficult adversary.

Still the magnitude of my evidence spoke for itself. It was the easiest personal case I have had in almost 15 years as a VA claimant.

Because Lawyers can read.

Edited by Berta

Share this post


Link to post
Share on other sites

I can see how odd it must be to see {name} vs. USA. It's almost like you are suing yourself.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×

Important Information

{terms] and Guidelines