Tort Claim

[Mike Dennard, Jr.]

Tort claim denied what do I do?

[GBArmy]

Mike You are going to have to provide a lot more info on what you are talking about to get any hope of assistance from us. What tort claim? Are you talking about an 1151 claim? You would need to redact your name and other personal info and post the decision letter at a minimum.

Edited September 1, 2020 by GBArmy
typo

[Berta]

GBA is correct- we need more info.

By Tort maybe you mean FTCA- meaning you filed a SF 95 with District or General Counsel VA.

we have a full FTCA forum here- as well as 1151 claims issues.

Section 1151 claims are not torts but require the same evidence:

1.Docuumented proof of VA medical malpractice and

2. documented proof of additional disability ( or death of the veteran, as was the basis for my FTCA SF95 claim) that is solely due to proven VA medical malpractice.

The VA has hired hundreds of "Providers" who diagnose and treat veterans in VA hospital. Those "providers" are NOT liable under FTCA for malpractice. They ARE liable under Section 1151, 38 USC.

I will find the Provider search search for you and post it here.

 

 

[Berta]

Quite some time ago the Senate produced a Bill S 221, due to a complaint I had made to the VA Accountability Office, that could prevent situations like the Tally Case. Due to Covid I guess that bill is at the bottom of a stack in the Senate-

Brian Tally was definitely malpracticed on by his VA "doctor" yet it took the OGC so long to learn she as not liable under FTCA, that his Statute of Limits ran out ( only 1 year SOL in California.)

This was an odd case, and so far the OGC never answered my FOIA- as I asked a specific OGC lawyer why it took so long for them to learn she was not a VA "employee". It took me mere seconds at the above link to learn that a VA doctor who had treated me under CHAMPVA long ago, was a federal contractor for Many years, and thus not a VA "employee".

 

 

 

[Berta]

The Bill is here:

https://www.congress.gov/bill/116th-congress/senate-bill/221

I sent corrections to the Sponsors and it looks like they have amended it- when I get time I will look the amendments over.

The reference to the National Practitioners Data Bank was due to me. VA is supoed to report to NPDB all patyments they have made that regard FTCA settlements. Mine wasnt reported , as well as many other settlements.The reason I got from OGC was ridiculous , as these reporting rewuirements allow every state to publish a data base of disciplined doctors, etc , so the public can check their own medical practitioners to see if they have caused detrimental care or death to others.