Remember the veteran with the scalpel.

[Solo]

His attorney pretty much losing the case for him because the attorney is inexperienced.

https://scholar.google.com/scholar_case?case=6651099112084686325&q=ftca+veteran&hl=en&scisbd=2&as_sdt=6,34

This isn't the 1990's anymore. The VA made the news for settling too many claims, so they are not settling unless you prove your case. If you don't know how to file your SF-95 then you are screwed. Even an attorney can mess up.

You have 6 months to file a lawsuit after it is denied by the VA. You use up 3 months and the US attorney uses up 2 months and the judge uses over 1 month for the order, then you are out of time to file another claim if it gets dismissed without prejudice. It is a very slow process in court, so you only have one shot to get it right the first time.

To keep your claim alive, the judge has to allow you to amend your complaint. Getting your case dismissed with or without prejudice means it is all over for you.

Edited July 15, 2018 by Solo

[Solo]

Another thing you have to realize these days is that there are more independent contractors working for the VA. The VA can't fill over 30,000 vacancy and the VA choice program are not available to veterans living within 50 miles of the VA. The VA has to hire independent contractors to fill the vacant positions.

https://www.wric.com/news/8-investigates/loophole-allows-the-va-to-deny-marine-s-malpractice-claim/1281662692

 

Most of those University Residents that you see working at the VA are being supervised by a consulting physician. Neither the Resident or their supervisor are employees of the VA.