Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Question
Berta
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
Link to comment
Share on other sites
Top Posters For This Question
4
3
1
Popular Days
Mar 31
3
Mar 30
2
Jun 7
1
Dec 17
1
Top Posters For This Question
Berta 4 posts
Vync 3 posts
broncovet 1 post
Popular Days
Mar 31 2021
3 posts
Mar 30 2021
2 posts
Jun 7 2021
1 post
Dec 17 2021
1 post
Popular Posts
Berta
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 ,curren
Berta
I need to add-the OGC is still working for the most part virtually- I filed a complaint against an accredited agent months ago, and had to make all of my submissions ( 3) it was extensive, with e
Vync
Thanks @Berta, this information helped answer a number of additional questions I was considering asking. The only question I have is can the SF-95 be submitted first and all the evidence submitte
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now