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DWJ please post your question here.


Berta

Question

There is a lot of significant info in this forum-that I learned as a successful FTCAer.

But I always make the point that this type of claim against the VA should have a strong IMO/IME and also ,if possible, a good lawyer familar with VA malpractice.

I do not see the basis for your claim in the profile post you made, because I did not see any residuals  mentioned.

Under # 8 on the SF 95 the charges must be clearly defined as tyo how the veteran did not receive timely diagnosis and treatment, comparable to the "Standard and Usual Medical community" ( a legal term meaning non VA doctors would have handled the care differently.

Under  10 the form asks for the "Nature and extent of each injury or cause of death" adding "which forms the basis of the claim."

What 'injuries' or residuals does the veteran have, directly due to what might have been a untimely diagnosis of prostate cancer?

After the VA apparenty mitigated the damages by the surgery, what disabiity or residuals does he have after the sutrgery that could only be attributed to the untimely diagnosis?

Did the OGC have ALL of the VA medical records? I was victmized by the Ro's failure to provide OGC with the most important piece of evidence I had.When I found out I called not only OGC but also the cardio doctor from VACO who was providing the Peer Review. The next call came soon after, from the OGC lawyer to talk settlement., based on a Peer Review that considered all of the medical evidence.

I dont see in the profile post you made, what type of "personal injury" occurred.( 12 SF 95.)

In my case it was wrongfu death 12 C- SF95. Obviously a wrongful death usually involves a higher settlement than some residuals would warrant.

I foud some BVA cases and a very large Prostate Cancer FTCA case- and will post them here when we have more info.

Others here might have a different take on this than I do.So best to post in the public forum.

 

 

 

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To add this is BVA case that regards a FTCA settlement for prostate cancer:

https://www.va.gov/vetapp13/Files4/1334270.txt

It involved a brachytherapy procedure,which was negligent.

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