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As previously stated, you should
always try to secure an attorney to pursue federal tort claims whether it's against the VA or any other agency. If you have to go it alone, there is no such thing as gathering too much information before you file. The statute on FTCA is NOT intended to be treated as a stand-alone reading. There are 4 elements to be pleaded to meet an FTCA claim, and the more fuzzy and interpretive features of the statute itself is another runaround comparable to doing your VA claim. Here are 2 additional LINKS to give you supplemental background reading on how the FTCA works for those who want to take this on and actually make it work. This first link is a handbook on the FTCA and Overview apparently written by a lawyer. There are good index selections to chose from at this site LINK below. www.quintonpetix.com/fedtorac.htm And also, it seems that the U.S. Dept. of Health and Human Services has actually published a small Clinicians Handbook to the Federal Tort Claims Act. Yeah right, like THEY are the ones who need help out here !! There are demonstration complaints in it, as well as other insider information apparently intended for use in medical malpractice claims under the FTCA. ftp://ftp.hrsa.gov/bphc/pdf/quality/2002clinicianhandbook.pdf At the very least it will give you a feel for the defenses they can put on and how an FTCA claim can be defeated from their side of the process. Sue Frasier, VEV 1970 Army Signal Corps national activist/protester staff Blogger, VFJ |
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More On Case Planning Info for Federal Tort Claims
