Do you help disabled veterans? Medical malpractice.
3 attorney answers
According to the facts which you have given here, most of the claims which you may have had have been lost due to the Statute of Limitations under the Federal Tort Claims Act. I have never heard of anyone being rated above 100% by the VA. The misdiagnosis of ALS could possibly be a claim since you only learned that it was a misdiagnosis a year ago. The question would be how to quantify your damages. Clearly you would have suffered emotional distress at the diagnosis, however that would have all been relieved when you learned of the truth. With your varied picture of pain and suffering caused by the unresolved back injuries, it would be difficult to sort out what was the major cause of your emotional suffering. If you underwent any type of medical course of treatment by way of drugs or intrusive diagnostic exams related to the ALS, that could be shown as specific damages to that claim. You need to consult with an attorney who is experienced in litigating medical malpractice lawsuits.
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Bring records to local malpractice counsel but there are statute of limitations issues that may well preclude legal action.
You should consult with an experienced med mal attorney immediately, but I fear that the applicable Federal Tort Claims Act and Statute of Limitaions will have already time-barred your potential claim. Your best bet is to speak to a qualified lawyer immediately. Thank you for your service and good luck!
The response to any inquiry on this forum does not create an attorney-client relationship. No informal discussion group such as this can replace the comprehensive investigation that can be performed by a qualified attorney specializing in the area(s) of law raised by your legal question. Please keep in mind that every jurisdiction has statutes of limitation and other laws that will have the effect of time-barring a potential claim. These deadlines differ from jurisdiction to jurisdiction. Consulting with an attorney quickly is the best way to protect yourself. Time is of the essence--Do not delay.
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