Veteran Awarded $600,000 for VA’s Failure to Refer him for Medical Treatment
June 23, 2010 posted by Terry Richards
All Veterans who currently receive or formerly received VA Medical Care should read this story to see if this same type of VA Malpractice happened to them. If it did, then they may have a Legal Cause of Action for a Federal Tort Claim. Even if the Statute of Limitations has expired you can still file a SECTION 1151 CLAIM for Service-Connected Disability which has NO TIME LIMIT. At the end of this story there will be a Link with further information about SECTION 1151 CLAIMS and suing the VA for Medical Malpractice in a Federal Tort Claim, among other things.
Deasy v. US., 99 F.3d 354 (1996)
VA Hospital Malpractice; Failure To Refer Patient
Under Colorado and Maryland law, the evidence supported a district court’s finding that Veterans Administration (VA) psychiatrists committed malpractice by failing to refer a patient for medical treatment for his edema, held the U.S. 10th Circuit Court of Appeals. This was so even though the government claimed the plaintiff’s psychiatrists were not qualified to offer expert opinion on the standard of care required of physicians who treat edema, since the relevant issues in the case were whether it was a breach of the psychiatric standard of care to fail to refer the patient and whether failure to do so increased the patient’s psychiatric symptoms, on which the psychiatrists were qualified to give expert opinions, said the court.
read more here
VA Hospital Malpractice
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