Legal Question in Federal Tort Claims in Virginia
Tort Claim Denied
My siblings and I submitted a Federal Tort Claim with the Veterans Administration. After two years it was denied. Stating they did not cause death. Our claim stated negligence not that they caused death. We have the right to appeal. I am not sure where to go from here. Who would I contact for advice. We were told by the staff at hospital to pursue this. Are there a list of doctors that are approved by the Veterans to review the cases or can any doctor review and give opinion? My father had an MRI and results not reviewed until 2years later when he went back sick and a second MRI was done. The original MRI showed a mass and the second showed a growth of over 14cm in the two year period. He was in stage4 now and it spread to his lungs. I just want to grant my fathers last wish. He died in three weeks and was made aware of the negligence. The hospital told us we would have never know. Please give any advice .
3 Answers from Attorneys
Re: Tort Claim Denied
If the VA formally and finally denied your administrative claim for damages in a letter sent to you by certified mail, you had only six months from the date of that letter to file suit in U. S. District Court, in the jurisdiction where you reside or where the negligence took place, and hopefully you found an attorney in time to do that. The U.S. Court of Federal Claims is NOT the proper court for such a suit. If you failed to file suit within that time period, your action is barred.
If you have not received such a denial letter, check with the VA to see if one has been sent. (In case they sent it to the wrong address.) If the VA has not formally denied the claim in writing, your six-month limitations period has not yet started--but that does not sound like what you describe in your question.
In any event, if the VA denied that it caused your father's death, it is not necessarily inconsistent with your claim of negligence. In order to prove a claim of medical malpractice, you need to show not only that the medical care providers were negligent, but also that their negligence caused the injury complained of, in this case the patient's death. Medical expert witnesses are needed to prove both the negligence (that the medical care was below the accepted standard of care) and that the negligence was the cause of death or other injury. No med mal case is ever open-and-shut, and cases alleging delayed diagnosis of cancer are some of the hardest to prove, even with qualified medical experts.
Re: Tort Claim Denied
The Federal Court of Claims located across from the White House on Jackson Pl. in Washington DC would likely be the appropriate appellate court to review the denial of your claim by the Veterans Administration. However, before concerning yourself with doctors to involve in the matter, you would be well advised to first arrange for a consultation with an attorney who understands and preferably has some experience with federal tort claim litigation, including matters appealed to the aforementioned Federal Court of Claims.
Re: Tort Claim Denied
Correction: The corrected name and address for this court is the U.S. Court of Federal Claims located at 717 Madison Pl.(across from the White House) in Washington D.C. 20005
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