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FTCA info 2021 a must read


Berta

Question

I am again reposting what is already here on FTCA-I do not intent to repeat this info again.

FTCA regulations have not changed since I FTCAed the VA decades ago.

This first paragraph ,current to the VA web site, contains everything a claimant must prove:

"Office of General Counsel
 
Claims Under the Federal Tort Claims Act
The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred.

A tort claim against the United States, based on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, may be filed by the injured person or his or her legal representative usingStandard Form 95, Claim for Damage, Injury, or Death; however, use of the SF 95 is not mandatory as long as the following requirements are met: 1) detailed allegation; 2) sum certain (total dollar amount claimed in damages); and 3) signature of appropriate claimant.  A tort claim must be received by the proper Agency within two years of the date the claim accrued. 

Once you have completed the claim form and ensured it complies with the above, please mail to the following address:

Department of Veterans Affairs
Office of General Counsel
Torts Law Group
810 Vermont Avenue, NW
Washington, DC 20420
If you have any questions, please contact the Torts Law Group at (202) 461-4900.  VA Attorneys and support staffing handling Federal tort claims work for the Federal government and cannot provide legal advice with respect to the filing and/or adjudication of tort claims against VA or the United States."

https://www.va.gov/ogc/ftca.asp

The claim hinges on proof of one or more incidents of :

"damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or " etc as in above.

Loss of property is like if a VA Food truck bringing meals from a VA Kitchen to the main VAMC Hospital hit your car on VAMC property, and you were not at fault.

Personal injury is when you have incurred a disability, that a negligent VA doctor did not diagnose or treat in a timely manner,and it got worse, or that a VA doctor did diagnose and  treat but gave you the wrong diagnosis and inappropriate  medical care and/or meds, for the condition, in acts or omissions of acts that  directly caused the additional disability.

Wrongful death also depends on those same factors.

You must prove, with VA medical records, that you were actually harmed by VA health care.Or your survivor must prove you died directly from negligent VA health care. That is best done by getting a strong detailed opinion from an independent doctor with expertise in the field of the veteran's full disability profile, who would give a full review their medical records, and also the death certificate and autopsy, if death occurred,

Most  veterans or their survivors would need a medical background to be able to properly assess the entire medical record.

With a strong IMO/IME, there might not be any need to even get a lawyer.

If a lawyer is needed, however, they would be very willing to take the case, with a strong IMO/IME in support of it.

There are malpractice lawyers who handle FTCA cases with the VA, on the internet.

 Lawyers were not allowed to advertise their specialties, many years ago, and at least 20 lawyers here in NY said I could never succeed. None could recommend any lawyer with malpractice experience.I only found one malpractice lawyer at some point here in NY- but I was already negotiating with OGC , as the FTCA claim had been proven, so I never called him back.

You do not need to prove a motive.I did prove a motive. My proof was in VA Physicians guidelines,issued and  dated the same year they began to malpractice on my husband.

There is no place for extemporaneous non probative detail or statements  in a FTCA claim.

It relies solely on documented medical facts.

If a 1151 claim is filed as well, that claim should be based on the exact same cause of action on the SF 95.

ALSO, you must determine if the negligent doctor actually is employed by the VA. Check their name on the VA "Providers list" that is searchable here.

In my case, every doctor I named did wok for the VA.

A doctor at VA treated me under CHAMPVA long ago and I was stunned to learn ( he had been at the VAMC for decades)that he was not a VA employee but a federal contractor, thus not liable under FTCA. 

 

 

 

 

 

 

 

 

 

 

ALSO

 

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Berta, this is soooo good, I am trying to "promote" it digitally.  

If a Veteran is injured BY the VA, the Veteran should be compensated.  If I recall, you indicated in the past, that this is "IN ADDITION TO" any current compensation you may be getting for disabilite(s) which you suffered in service (service connection).  

Now, Im sure VA would "rather have their budget reduced by 10 billion each year" than to grant Vets an 1151 PLUS also pay him for his 100 percent disability.  So, Im sure you will be fighting a very mean mother bear where you just stole her baby cubs.  

So, be ready for that bear.  

But, if you are injured by VA doctors or negligent employees, then get an attorney to fight that mother bear.  Dont let VA keep malpracticing on other Vets.  

In my VAMC, a very old dentist who should have retired earlier, was infecting patients by not bothering to wash his hands in between patients, and by doing other unsanitary and infections procedures that any modern dentist should know better. 

This dentist did this FOR YEARS, infecting multiple Vets with Hep C and other bad stuff.  It resulted in "the entire dental department" being closed down for something like 3 months and the whole dental office had a thorough professional sanitization and cleaning, and new procedures strictly enforced in cleanliness and infection control established.  

The dental department, now, at my VAMC is "top notch", very thorough, and 100 percent of those problems are fixed, including the forced retriement of the dentist involved.  

It was a good thing, in the long run, but VA resisted any changes for years or decades, until one or more lawyers figured out that whenever that dentist was present, dozens of Vets wound up with bad infections.  Im not sure the settlements were disclosed, but they hit VA where it hurts them the most:  Their pocket books.  Im sure they paid millions in damages to the Vets infected. 

https://www.daytondailynews.com/news/local/least-dayton-dental-patients-test-positive-for-hepatitis/T9UUPGB802K2QvIzc9ONHP/

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