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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111548
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a 100% Disabled Veteran injured by two VA physicians

Customer Question

I am a 100% Disabled Veteran injured by two VA physicians who prescribed pharmaceutical drugs conjuctionly being legally known to cause a specific permanent adverse effect. I filed a tort claim and has been accepted by VA. I am asked to provide a summary from a physician connected with the claim. In my support I have provided the the a physicians prognosis notes describing the physical movements know as tardive dyskenesia along with a copies of VA Pharmacy dates of the duration the drugs were prescribed. Is that sufficient under federal law?
Submitted: 1 year ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, it is not sufficient to just provide the treating physician's notes. Under Texas law, which applies even in a claim against the VA, in any medical malpractice claim you must provide an expert report addressing the issues of liability and causation for each physician or health care provider against whom a claim is asserted within 120 days of filing the claim. The court may grant one 30-day extension to correct a deficient report; otherwise, it must on motion dismiss with prejudice the case against a defendant for whom there is no report and award reasonable attorneys’ fees. See: Tex. Civ. Prac. & Rem. Code. § 74.351.

So you need to get your medical records to a local doctor to review and write an expert report as to how this conduct you are complaining of was below the reasonable standard of care for practice and as such negligent and constituting malpractice.

Customer: replied 1 year ago.
Thank you, ***** ***** info.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 1 year ago.
The service greatly helped me understand what I need to do. Keep doing this great help for those are not legal experts.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your comments. Please just do not forget to click on the 5 stars above to leave the official feedback so the expert gets credit. Thank you.

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