“The statute of limitations under the Federal Tort Claims Act (FTCA) requires that the administrative claim must be received by the Department of Veterans Affairs no later than two years following the date of the injury, or in some cases, two years after a ‘reasonable person’ should have become aware of the injury. That ‘reasonable person’ standard is a very strict one.”
“It does not mean the date when the veteran is advised by a lawyer or even another doctor that he or she suffered an act of malpractice. It means the date when a person who goes in for medical care and comes out with a bad outcome, or without relief for their symptoms, should reasonably start questioning whether they have received appropriate medical care.”
Thus, the statute of limitations for filing your claim could have arguably begun on 7-2-07, which is the date when you first became blind in that eye, not the date of the cataract surgery on 9-10-07 which did not cause the blindness and this is what the VA will argue. Your argument would be that you did not know anything was wrong after the 7-2-07 surgery other than you thought you needed the cataract surgery to make you see and it was only after the cataract surgery that you reasonably knew something was wrong. This is a case you are going to ABSOLUTELY need an attorney to argue the statute of limitations law about as to when that statute actually started running.
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