1151 and/or FTCA advice

[Berta 3,820]

I am putting this link here:

https://community.hadit.com/topic/74381-filing-a-claim-for-a-heart-attack-due-to-nsaids/page/6/#comment-466477

so that I don't have to repeat the advice again-

If anyone vet or survivor of a veteran, feels the VA malpracticed on the veteran, they need to obtain an IME, if the vet is alive, or an IMO if the vet has expired.

They will need to give the IMO/IME doctor ( who should be a specialist in the prime and/or secondary cause of death, on the death certificate) the complete VA medical records of the veteran and copy of  autopsy findings if an autopsy was done.

 

[Vync 2,001]

Thanks @Berta

 

[Berta 3,820]

Update- since October 2018 I have spent many hours every week researching a very unusual FTCA/1151 situation.

The problem was based on the OGC telling a veteran that their negligent care ( the malpractice had been confirmed) was a federal contractor, and was exempt from FTCA. By the time the OGC told this to the veteran ,his Statute of Limits had run out-

I have received shocking information, by accessing considerable regulations and laws that reveal the OGC might well have stretched the truth on this whole thing.

I am trying to contact the NPDB to see if this has ever been revoked or rescinded:

"§46.8 Independent contractors.

 

"Independent contractors acting on behalf of the Department of Veterans Affairs are subject to the National Practitioner Data Bank reporting provisions of this part. In the following circumstances, VA will provide the contractor with notice that a report of a clinical privileges action will be filed with the National Practitioner Data Bank with a copy with the State Licensing Board in the State(s) in which the contractor is licensed and in which the facility is located: where VA terminates a contract for possible incompetence or improper professional conduct, thereby automatically revoking the contractor’s clinical privileges, or where the contractor terminates the contract, thereby surrendering clinical privileges, either while under investigation relating to possible incompetence or improper professional conduct or in return for not conducting such an investigation or proceeding. (Authority: 38 U.S.C. 5705)

 

[67 FR 19678, Apr. 23, 2002]"

 

Source: https://www.federalregister.gov/documents/2002/04/23/02-9875/policy-regarding-participation-in-national-practitioner-data-

It also still appears in  https://www.law.cornell.edu/cfr/text/38/46.8

The National Practitioner Data Bank is supposed to be contacted by VA every time they make a settlement under FTCA.

This above regulations means that independent contractors are as liable for malpractice under FTCA and also under 1151 ,38 USC.

Is the OGC making things up, and refusing to apply regulations, to the detriment of veterans with FTCA cases?    This is the strangest situation VA I have ever seen.

 

 

 

 

 

[Vync 2,001]

20 hours ago, Berta said:

by the time the OGC told this to the veteran ,his Statute of Limits had run out-

What is the statute of limitations for FTCA/1151's?

[Vync 2,001]

@Berta Regarding the link to my topic about heart attack due to NSAIDs, I am considering filing an FTCA and my two year window to file closes early next month.

What kind of dollar amount should I enter into the form?

Here's the background. In January of this year, the VA finally granted SC for the heart attack caused by side effects of sumatriptan to treat SC migraines. The FDA insert described heart attack as as very rare side effect, but the other issues ignored by the VA compounded the risk. Even after the heart attack, the VA continued to prescribe the same med even though it was contraindicated, placing me at even greater risk. My non-VA neuro doc wrote me a more likely than not nexus. She said she would not expect a cardiologist to fully understand the risks associated with this med and she tied it all together. I did return to work a few months later and have been managing, but it is tough to come back from death's door. Heart wise, I am managing and still have issues like brain fog, stamina, sleep issues, angina, and increased stress. Those might be due to side effects of all the additional heart meds. My last stress test did show improvement. No idea how long I will be able to continue working, so taking it one day at a time. I have a four year old and a newborn to consider. Planning to sign up for S-DVI because my private insurance renewal rate is through the roof. Just curious how much I should request and how to best present it...