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Berta
In Part
“Veterans Affairs officials will have to provide basic legal advice to veterans who file medical malpractice claims and provide information on local staffing issues … The new legislation mandates that the department provide ‘notice [to vets] of the importance of securing legal counsel’ and clearly identify the employment status of any individuals involved in the case within a month of a veteran submitting a malpractice claim. VA officials had opposed the idea, saying it creates unnecessary burden on staff.”
Vet, with aid from Congress, forces VA to increase disclosures in malpractice cases | Patrick Malone & Associates P.C. | DC Injury Lawyers - JDSupra
This grew out of the Brian Tally case, info on that available here under a search.
Brian Tally had definitely been malpracticed on at Loma Linda VAMC.
"Tally’s family filed a claim against VA for malpractice, saying that doctors should have ordered more tests after his continued pain. But after more than a year of working with department officials on the claim, they were notified that the primary doctor involved in the case was an independent contractor, not a VA staffer. That meant he [could not pursue a federal action and] had missed state deadlines for filing proper legal claims for his injuries. Officials did not give any reason why providing that critical information took so long.”
His Statute of limits in California was only one year.
It took, per his lawyer, 8 months for the OGC to learn the doctor was not VA employee but a federal Contractor , who was exempt from FTCA. BY then his Statue of Limits in California had run out.
The VA OGC ignored my FOIA on this, when I pointed out I found doctors at the local VAMC here who were federal contractors, and that took me mere minutes ,using the VA "Our Provider" link.
Federal contractors are liable under Section 1151 38 USC but not under FTCA. That is ,in my opinion, why VA hospitals are filling up with them.
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Berta 3 posts
broncovet 1 post
Vync 1 post
Buck52 1 post
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broncovet
Yes, this tragedy is consistent with the VA on other things. "What we dont know will hurt us". And, often by the time we find out, its too late. I would like to know how the VA justifies its
Berta
In Part “Veterans Affairs officials will have to provide basic legal advice to veterans who file medical malpractice claims and provide information on local staffing issues … The new legislation
Buck52
I agree...if the Attorney's And VA Claims Agent's can view the VBMS.? Why not the VETERAN. After all its the Veterans Information. We have our C-File But a lot of Records/Documents & Note
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