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Originally Posted on Saturday, October 23rd, 2010 | Posted by Terry Richards for Veterans Corner by Terry Richards

Veteran prevails in Patient Abuse Lawsuit against the VA

by Terry Richards

How to Prevail in a Lawsuit against the VA for Patient Abuse

Set forth below is an actual Federal Tort Claim filed against the Government for Verbal and Emotional Patient Abuse against a “Vulnerable-Adult” Patient by VA Health Care Practitioners. And when you sue the VA/U.S.A., if there is no federal law which has been violated then you must sue using the State Statutes it violated. I used the CHAPTER 415-ADULT PROTECTIVE SERVICES a/k/a Florida Statutes or F.S. 415 .  See especially the “Definitions” and “Civil Actions” sections.  YOU SHOULD DULY NOTE THAT Federal facilities such as VA Medical Centers are NOT EXEMPT from these kinds of State Laws.

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0415/Sections/0415.102.html

It also samples how to serve the U.S. Government in a Federal Tort Claim and the strategies I used and you can use to prevail either by Settlement or in a Trial of the matter for wrongful actions or omissions by VA employees including but not limited to Medical Malpractice or other Negligence, Physical or Verbal and Emotional Abuse, or Wrongful Eviction from a VA Hospital, Nursing Home, Domiciliary.

Additionally, it also samples all the documents which include the Governments Answer to my Complaint, the Court Order Compelling the Government to give me certain Documents, the Government’s Offer to settle my Complaint, and my Settlement Check and Release of Liability to the Government, and the Dismissals.

After about 9 of the 11-months in Federal Court and the Assistant United States Attorney (AUSA) assigned to my case did not produce the documents which I needed in order to prove my claim such as the full employment personnel records and resumes of all the physicians who misdiagnosed me or examined me while I was in the Domiciliary, and all the records of the Domiciliary Staff who abused me and others in order to find similar past abuse complaints, so I Motioned the Court for an Order Compelling the Government to produce those records. And at the Hearing the Judge did in fact Order the Government to produce those records in part, and that I could take Interrogatories of the Domiciliary Staff, et al.

So right after the Hearing and the Judge’s Order, realizing that if I put all that evidence together that at a Trial of this matter if I prevailed that I would probably be Awarded a lot more in Damages than if the Government would offer to settle with me now, the AUSA offered me a settlement which I then negotiated upwards, and we finally came to an agreement.

So in the end The Government agreed to Settle my claim but as part of the agreement I would dismiss the entire first claim which was for both Medical Malpractice for numerous VA Physicians Misdiagnosing my Herniated Disc and other Lumbar Spine injuries from a fall as just a “bruise” they said, and for Patient Abuse, and the Government wanted me to file a new claim for just the Patient Abuse and Wrongful Eviction from the Domiciliary.

However, in order to file a new claim, the Government would have to WAIVE the Federal Law requirement that I first file an Administrative Tort Claim with the local Regional Counsel’s Office of the Bay Pines VA Medical Center which I was required to do before I actually filed this Federal Tort claim in Federal Court. The Government did in fact WAIVE said requirement. It’s amazing what the Government can do when it’s in their best interest. (See Parts 5 & 6 set forth below).

The amount of the Settlement was SEALED, so that even if you go up to the Federal Court House and get copies of this Case, you won’t see the amount of the Settlement anywhere. Although I cannot tell you how much the Settlement was, I can tell you it was not very much and it’s been all gone for several years. However, I did get accountability for the wrongful actions and omissions of certain VA Health Care Practitioners, as well as the Medical Director at the time who was Thomas Weaver.

In 1999 or before (?) Medical Doctors (M.D.’S) hired by the VA did not have to pass the national boards competency test that are required for all other PRIVATE PRACTICE Medical Doctors practicing in the United States. So if they came in from a foreign country or even if they were American citizens but went to a foreign medical school, of which some, but not all, accept students with lower grade point averages and test scores from under graduate school, and also these medical schools are easier to graduate from or pass their tests.

In addition to finding information about previous Complaints of your VA Health Care Practitioners, you may also be able to find this same information at the State Department of Health or State Medical Boards. Previous general and specific Complaints, Malpractice Lawsuits, Settlements, and Disciplinary Actions against VA Health Care Practitioner(s) you are suing can be used as a tool for either an out-of-Court Settlement or when presented to a Judge or Jury at Trial. Also, for the same reasons the Government wanted to settle my claim out-of-Court, one of the keys to settling a lawsuit against the VA is that they want to keep their Health Care Practitioners off the NPDB and similar Data Bases.

The Government agreed to Settle my claim if I would dismiss the entire first claim which was for both Medical Malpractice and Patient Abuse, and then file a new claim for just the Patient Abuse/Wrongful Eviction from the Domiciliary.  However, in order to do this, the Government would have to WAIVE the Federal Law requirement that I first file an Administrative Tort Claim with the local Regional Counsel’s Office of the Bay Pines VA Medical Center, and the Government in fact DID WAIVE THE REQUIREMENT.  It’s amazing what the Government can do WHEN IT’S IN THEIR BEST INTEREST…

The amount of the Settlement was SEALED, so that even if you go up to the Federal Court House and get copies of this Case, you won’t see the amount of the Settlement anywhere. 

Although I cannot tell you how much the Settlement was, I can tell you that it was not very much and its beenall gone for many years.  However, I did get ACCOUNTABILITY FOR THE WRONGFUL ACTIONS OF CERTAIN VA EMPLOYEES, ESPECIALLY THE WRONGFUL ACTIONS BY THE MEDICAL DIRECTOR OF BAY PINES VA MEDICAL CENTER AT THE TIME…

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VADOMPart1-How to Serve the United States Govt

VADOMPart2-The FederalTortClaimComplaint

VADOMPart3-TheGovernmentsAnswertomyComplaint

VADOMPart4-CourtOrderCompellingGovttogivemecertainDocuments

VADOMThe Government Offers To Settle

VADOMSettlementCheck

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http://beforeitsnews.com/media/2012/11/u-s-veterans-hospital-patient-abuse-at-fayetteville-arkansas-veterans-health-care-system-of-the-ozarks-veterans-health-care-system-2448486.html

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