Okay, so here goes. I recently had a horrific experience at a VA hospital. I was encouraged to file a TORT. Anyone have experience ?

LTC Patrick Smith — Wed, 17 Jul 2019 13:53:00 -0400

How do you determine a dollar amount for a tort against the VA

Response by SGT Javier Silva made Jul 17 at 2019 1:58 PM

SGT Javier Silva — Wed, 17 Jul 2019 13:58:22 -0400

Get with a lawyer. Someone can provide their own experience; however, they would have definitely used the service of a legal representation.

Response by MSG Gary Eckert made Jul 17 at 2019 1:59 PM

MSG Gary Eckert — Wed, 17 Jul 2019 13:59:58 -0400

Tort is the wrongful act that happened to you. Normally, you file a malpractice suit to be compensated for a tort. In the case of the VA, you can Federal Tort Claim against the VA which is an administrative procedure, I believe is similar to arbitration or you can file a lawsuit. I would consult with a malpractice attorney to determine the correct course of action.

Response by Capt Daniel Goodman made Jul 17 at 2019 2:14 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:14:21 -0400

http://www.vetadvocates.org

Trust me, one of the NOVA guys helped us, I'm not saying they're exactly the right ones to help you with this kind of thing, I've got zero clue if they do tort law, the thing is, they've got a decent search engine to see who's near you, of their guys, plus, you can call their main ofc as well...aside from vet groups, filing with all three local mil/vet Congress ofc staffs by you (whichI'd certainly do, if only to let them know what happened from your perspective), or law school vet law clinics (which don't always take everybody, that's up to law school faculty supervising law students in such clinics), the NOVA guys are pretty much at the top of the VA-disability food chain, plus, they're all generally hooked into those attorneys by them doing other vet-related stuff, MEB/PEB, BCMR/BCNR, that sort of thing, so, you've get zero to lose by tryin them, I've sent them in a good deal here, as have others, our guy did 3 yrs in himself, plus, he'd done 35-40 yrs of VA-disability law, knew more about it than God, and was one of the main reasons my wife and I were convinced there's a very definite reason God invented lawyers, honest...That's as far as my reasoning carries me, though, being as it'd be a Federal tort case, if you did it that way, that's another reason I'd serious suggest trying to see if their guys hae any thoughts, our consult was $500, the best money we ever spent, though my whole total perm disability thing took six and half yrs from to get done, we transferred me from one of the vet groups to a NOVA guy, the vet group tried, really, it's just that my whole thing was way too involved for the local vet group ofc we used by us to be able to deal with it coherently, though as I'd said, they did really give it a whirl, we just really needed the whole "heavy-hitter" thing NOVA could bring to my whole thing, he also got us two addl pro-bono lawyers from a large firm he knew and had done stuff with, he got their pro-bono committed to approve that aspect, one of them went with us when we went to see one of the BVA traveling-team judges at the VARO by us in Manhattan when they were here, if you've got any thoughts, just let us know...typically, if their guys get involved, they only take what back money owed eventually, that Congress and VA allow, I know free is good, I get that all the time in suggesting them, however, trust me, if you haven't tried them before, give it a whirl with your whole thing, as I'd said, torts are obv different, certainly, however, their guys might have thoughts about who might be more suitable, if they can't do it themselves, you know?

Home

Response by Capt Daniel Goodman made Jul 17 at 2019 2:15 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:15:10 -0400

https://search.aol.com/aol/search?q=federal%20tort%20law%20cases&s_it=loki-tb-sb

You might wanna look through this stuff, also....

federal%20tort%20law%20cases - AOL Search Results

Response by Capt Daniel Goodman made Jul 17 at 2019 2:15 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:15:55 -0400

https://search.aol.com/aol/search?q=u%2es%2e%20dept%20of%20veterans%20affairs%20tort%20claims&s_it=loki-tb-sb

And this stuff....

u%2es%2e%20dept%20of%20veterans%20affairs%20tort%20claims - AOL Search Results

Response by Capt Daniel Goodman made Jul 17 at 2019 2:16 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:16:44 -0400

https://search.aol.com/aol/search?q=federal%20tort%20claims%20attorney%20or%20attorneys%20or%20lawyer%20or%20lawyers&s_it=loki-tb-sb

These might be useful...

federal%20tort%20claims%20attorney%20or%20attorneys%20or%20lawyer%20or%20lawyers - AOL Search...

NSA=20 Transmissions-Mind Control, Death Rays for Planes, Cancer, Synthetic = ills-=20 Topplings ELF & Seismic Waves + Behind Scenes Focused on Wrong = Weapon Mass=20 Destruction TERRORISTS WITHIN, 1973 2nd Level CIA, Cryptocracy's Plan to = Psycho-civilize You, Emulating Scriptures!

Response by Capt Daniel Goodman made Jul 17 at 2019 2:17 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:17:21 -0400

https://search.aol.com/aol/search?q=veterans%20affairs%20tort%20claims%20attorney%20or%20attorneys%20or%20lawyer%20or%20lawyers&s_it=loki-tb-sb

And these....

veterans%20affairs%20tort%20claims%20attorney%20or%20attorneys%20or%20lawyer%20or%20lawyers - AOL...

We did not find results for: veterans%20affairs%20tort%20claims%20attorney%20or%20attorneys%20or%20lawyer%20or%20lawyers.

Response by Capt Daniel Goodman made Jul 17 at 2019 2:17 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:17:52 -0400

https://search.aol.com/aol/search?q=aba%20tort%20trial%20%26%20insurance%20practice%20section&s_it=loki-tb-sb

Look at these....

aba%20tort%20trial%20%26%20insurance%20practice%20section - AOL Search Results

Response by Capt Daniel Goodman made Jul 17 at 2019 2:18 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:18:44 -0400

https://www.americanbar.org/groups/tort_trial_insurance_practice/?q=&fq=(id%3A%5C%2Fcontent%2Faba-cms-dotorg%2Fen%2Fgroups%2Ftort_trial_insurance_practice%2F*)&wt=json&start=0

You might wanna also try calling them....

Tort Trial & Insurance Practice

TIPS is the source of knowledge and leadership on trial practice and critical issues of justice involving tort and insurance law. With over 17,000 members, TIPS brings together plaintiffs, defense, corporate and in-house counsel to tackle issues confronting the profession. Known for its cutting-edge educational programs and publications, the Section provides numerous opportunities for professional development and networking to help members...

Response by Capt Daniel Goodman made Jul 17 at 2019 2:19 PM

Capt Daniel Goodman — Wed, 17 Jul 2019 14:19:37 -0400

https://search.aol.com/aol/search?q=association%20federal%20tort%20attorneys%20or%20lawyers&s_it=loki-tb-sb

I thought to look the whole thing up this way as well....

association%20federal%20tort%20attorneys%20or%20lawyers - AOL Search Results

see it here Hi there just wanted to give you a quick heads up. The text in your post seem to be running off the screen in Chrome. I’m not sure if this is a formatting issue or something to do with internet browser compatibility but

Response by LTC Charles T Dalbec made Jul 17 at 2019 2:43 PM

LTC Charles T Dalbec — Wed, 17 Jul 2019 14:43:00 -0400

We highly Recommend that you resolve your issues and challenges with the VA rather than going to court. The VAs Job is to treat Veterans and not through the court or legal system. Ok

Response by PV2 Duane Schlender made Jul 17 at 2019 3:09 PM

PV2 Duane Schlender — Wed, 17 Jul 2019 15:09:33 -0400

Tort processes are long, paper intensive, detailed, and will cause you extensive deployment of grey hairs. Furthermore, make sure you know which TYPE of tort you are doing. its important.

To do a tort, you have to do things in THIS order : (as each step fails, go to the next step in order..)
1) speak to the v.a. staff from bottom to top of chain of command.
2) write written communications to v.a. staff (all the way to Washington D.C. staff)
3) next, with all paperwork in hand showing what you have done, contact your state administrative process office and get the paperwork (might be available online) for "tort claims".
4) as part of step 3, you will need to make sure you :
a) claim everything that happened in detail
b) make your claims BOTH official capacity against each person as well as private capacity
c) claim monetary damages, even if you are told not to
d) make copies of ALL your paperwork, and mail the tort packet to the administrative process people certified return receipt to prove they got it.

5) after you file the paperwork, you should receive in the mail a letter of receipt detailing your case with a administrative process "case number"

Please remember that a tort claim is a administrative claim for wrongdoing that is BEFORE you sue in court. if the tort claim fails you have up to 2 years to sue in the proper court of law.

Good luck.

Response by 1SG Private RallyPoint Member made Jul 17 at 2019 3:22 PM

1SG Private RallyPoint Member — Wed, 17 Jul 2019 15:22:59 -0400

Make certain it was a VA doctor, not a contracted doctor, as the method to seek remedy may differ.
Don't expect VA to be forthcoming with information, expect them to withhold discovery, and expect them to make every effort to frustrate and interfere with your effort, especially if you are pro se. Integrity is only a word in VA OGC.

Response by PV2 Duane Schlender made Jul 17 at 2019 4:12 PM

PV2 Duane Schlender — Wed, 17 Jul 2019 16:12:36 -0400

It entirely depends on the injury done. If you need help figuring out what is just, fair, etc.. you are free to contact me personally and i will talk to you about it.

Response by SGT Frank Vega made Jul 17 at 2019 4:56 PM

SGT Frank Vega — Wed, 17 Jul 2019 16:56:37 -0400

But please remember that you'll be fighting the VA which isn't very easy. I tried to hire lawyer(s) to fight my case. There were lots of positive response but in the end no takers.