Does this fit the Federal TORT Law

[rpowell01]

I don't know where to post this but I am seriously of thinking of speaking to an attorney about this. Back in 2011 I had an MRI that showed 2 herniations in my neck. Then in 2012 I had one from the VA that showed a herniation in my lumbar with STENOSIS. The VA refuses to do surgery and I just found out the reason recently. Because they don't have NEUROSURGEONS on staff at 98% of their medical centers. Nor do they have a orthosurgeon that works with the back. In 2013 I was told by Dr. Bash that if the VA didn't decompress my back I would be in a wheelchair. Well a few weeks ago I feel and the ER MD stated the same exact thing. If I had these two MDs write this on paper wouldn't this fit the criteria of a Federal Tort Suit against the VA for improper treatment or something in that nature? I've been falling a lot lately and its getting old. The VA docs don't give one rats arse about this and all they care is I enter some Chronic Pain Rehab Program which is NOT for somebody for my condition. Actually they cannot gurantee I will not be injured while in this program. This program is for people who has been on opiates for long term and they are already post operation. Anyway I would like to know what do some of you think. If I find a Surgeon on the outside that says "You need surgery now" can I force the VA to pay for it and how would I go about doing that without allowing the VA to use their cheap contractors like they did on my Uncle inLaw. They screwed his neck up bigtime and now he has not mobility in his upper left arm (biceps)..Hes basically paralyzed now because of this thanks to Bay Pines. He is some huge attorney saying he can win millions from this and he's working with him as I type this.

[GuaymasJim]

Talk to an attorney knowledgeable in malpractice and FTCA.  Most will give a free consultation and take the case on contingency-IF THEY SEE THE OPPORTUNITY FOR $$$$.  The dates mentioned in your post seem to indicate that you have already passed the 2 year SOL, but an attorney could answer that better than I can.

Very, very few FTCA claims involve "millions."  I am not saying that it can't happen, one vet (who sued the same VAMC twice in two years and won both times) got an $8 million "medical trust fund" to cover all of his medical expenses for the rest of his life; but even when the VA kills someone, the payout is usually mid to low 6 figures.  FTCA does not allow for punitive damages, many states have caps, and the government would rather spend millions fighting your claim rather than paying it.

I am certain Berta will chime in here soon, and she is the hadit gold standard on FTCA/1151 claims.

Good luck and Semper Fi!