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Torte Claim

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5 replies to this topic

#1 RSG


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Posted 14 August 2010 - 04:54 AM

Can anybody tell me how a torte claim with the VAMC is supposed to work and what you need to have to file one.....

#2 Philip Rogers

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Posted 14 August 2010 - 06:07 AM

You might try hiring a lawyer, specializing in VA law. jmo


Can anybody tell me how a torte claim with the VAMC is supposed to work and what you need to have to file one.....

#3 Mcafee


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Posted 14 August 2010 - 06:31 AM

Hello All Hope All Is Well.
Contact Kieth Pierce at VHA (202)273-5846 for the under secretary.He will tell you to contact the Pt. Advocate at the VAMC. Then when the Pt advocate does not answer you let KP know this he will contact the facility and then RISK Management will send you a claim form SF 95.I am in this process now.When a physician tells you (quote We will not review any past medical history in progress notes un quote).this is one of many problems with the EOVAHCS.
Personally when you attempt to address concerns issues and there is no participation from any of the (VA)VARIOUS AGENCIES only how can this be redirected or delayed,make it so difficult that you give up.I see clearly that all VA agencies have no responsibility or accountability this has been proven to me through my expierence with all agencies including OIG whom just states address this with the facilty.
I would venture to guess by the time you file the process will be five to ten years.
For my service connected injuries I have not seen a physician in over three years and the facility has done absoloutly nothing to facilitate or resolve only create a adversarial and confrontational arena. sorry for the long post but you asked and this has been my delima.

#4 Berta


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Posted 14 August 2010 - 06:52 AM

There is plenty of info here at hadit in the FTCA Forum http://www.hadit.com...-claims-action/

The SF 95 must be filed within 2 years of knowledge of alleged VA malpractice or negligence.

There must be documented evidence of malpractice or negligence in the med recs and
there must be a documented disability that the VA malpractice caused.

"I would venture to guess by the time you file the process will be five to ten years"

Not necessarily- the Regional counsel wanted to settle with me within a few months after I filed SF 95 over my husband's death.The evidence I had sent to him was overwhelming.

A Peer review was obtained from a VA cardiology expert that fully supported my charges.

The RC and the doc who did the review disappeared and so did the critical report.

It then took me about 3 more years to succeed.

The RC and the Doc retired -nothing nefarious there and both assured me that VA had the Peer Review report-the RC gave it to someone at the VARO in person who was handling my 1151 claim.

It turned up at the very bottom of my c file in 2004.The VA had it all along.

Philip is correct- if you do have a disability that you can PROVE the VA caused,with medical documentation, you have basis for FTCA and getting a lawyer is the best way to deal with them under FTCA.

."When a physician tells you (quote We will not review any past medical history in progress notes un quote).this is one of many problems with the EOVAHCS."

I succeeded under 1151 and FTCA because no physician reviewed prior medical history in my husbands VA clinical record for 4 years. By the time he developed a critical total disability due to that fact-
another VAMC had covered this up for 2 years.
My recent AO death award shows they covered up more than I thought when I filed FTCA.

If you can prove what this doc said by having additional disability due to their failure to consider your medical history, you would have basis for FTCA claim.

I am referring here to prime facie and unrefuttable evidence that my husband had DMII and heart disease and they tried to cover it up and never diagnosed him or treated him properly and he died because of their medical errors.

Your evidence has to be beyond mere speculation or possibility and documented in the medical records.It can be well hidden and difficult to find but if there was malpractice-you will find the evidence in the clinical record (or better yet get an IMO doctor to do that)

"including OIG whom just states address this with the facilty"

Right-they have no jurisdiction over FTCA.

There are plenty of FTCA lawyers on the net.The best way to get an FTCA lawyer to help you is to get an IMO that supports your charges.

As I mentioned here before - I studied FTCA case law ,Neuro stuff and cardiology to succeed in my 1151 FTCA claims.
Nothing in any VA or FTCA regulation prohibited me or any vet or widow from filing and pursuing any FTCA case without a lawyer as long as the FTCA was within the VA's jurisdiction..But that took a lot of time and work.That is our right.

Without an internet then like it is now- I could find not lawyer to rep me anyhow and never even considered trying to get an IMO doc.Things are different now.

I suggest that IMOs are imperative for these cases ( but they can very often reveal no malpractice happened at all) but then if the IMO supports the case, any lawyer with this type of FTCA expertise would sure not want to turn down a solid case.

I used it last week for an AO IHD claim.

Edited by Tbird, 27 August 2010 - 03:45 AM.
Added Link To FTCA Forum

#5 RSG


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Posted 14 August 2010 - 06:53 AM

I understand....The first time my body was damaged by the VAMC, I did not know there was even an option available for torte claims. I was never told, but I guess that's my fault for not knowing......The VAMC may have damaged me the first time with their surgery practices, but I will not let that happen again....Right now it doesn't matter if it takes five or ten years to reslove. It's the principle of letting them get away with this kind mistreatment to vets...I am not in it for anything more than proving they did wrong AGAIN....!!!!!!!

#6 Tbird


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Posted 27 August 2010 - 03:46 AM

Moved Topic to FTCA Forums.