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SF 95 first step in FTCA


Berta

Question

In light of the Fayetteville pathologist malpractice snafu, Jerrel Cook ( our radio show producer) and I discussed whether any affected veteran should file an SF 95 right away-

I have been emailing some vet lawyers to get their take on that- this Fayetteville situation is worse than any past similar VA problems...except maybe for the Phoenix crap-

  The SF 95  must be prepared properly. This article gives some info on that :

https://community.hadit.com/topic/2337-filing-a-tort-claim-1151-claim/

I studied all FTCA law before I filed mine-late December 1995-with some of my medical evidence attached to it .The Regional Counsel (now called District Counsels)called me up in May 1996 to begin negotiations. He had already obtained a Peer Review that supported my charges.Then much went wrong- that's OK -it was resolved anyhow.

It is best to have a lawyer to fill out the SF95 but you have the right to do it yourself.

 

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I emailed Jerrel on that Buck-

I am sure Mike had gotten copies of his Med Recs in his lifetime-

if so the pathologist's name might be in them as well as proof of malpractice.

I get copies of all pathology reports my doctor orders and I know they would be in his med rec files- 

I have nt heard back from Jerrel by phone or email yet on that- he has been talking to Chris Sasser-she called him when she got the letter....

I hope Dr Bash might focus on this issue  Thursday on the radio show. It wil get worse than it is now 

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The VA might admit that there was a misdiagnosis, but they will not admit it was due to negligence or medical malpractice. You have been through this and you know that when you settle with the VA, they are not admitting fault as part of the settlement agreement.

Some people are lucky and don't need an expert witness affidavit. Those cases are res ipsa loquitur and lack of informed consent. 

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Sometimes the VHA directives does not apply because the standard of care at the VA hospital is higher than the standard of care of a similarly situated physician in the local community. The VA's defense attorney and US District Court will make them get a expert witness affidavit from a similarly situated physician if they plan on suing the VA in court.

Most physician will not testify against another physician in court. It will be hard to find an expert witness. 

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The very first statement my SF 95 was that the veteran did not receive medical care comparable with the "standard and usual" medical community.

The Peer review done by VA a few months later completely agreed with that statement based on my evidence.

The VA doctor did not have to look into what the standard medical commuity would have done-it was obvious malpractice-

I already told here what happened next-no sense in repeating it. it is searchable

 "the standard of care at the VA hospital is higher than the standard of care of a similarly situated physician in the local community. "

I have never seen that statement before.I completely disagree with it-the millions in malpractice VA has paid out- oops billions over the years-renders that statement , as faulty-not to mention their 1151 payout stats .

I always recommend here using my statement above-as cause of action on a SF 95.# 8 I think it is on the SF 95 form.

This is a very interesting discussion but I regret I don't have time to continue it with you.

Everything I know about FTCA/1151 is here but I just remembered something else from an older post here that the lawyer might  not know yet-it would affect any Fayetteville survivors with FTCA case.

 

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