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I AM A DISABLED HANDICAPED VETERANS U.S.M.C. DURING VIETNAM…

Customer Question
I AM A DISABLED HANDICAPED...
I AM A DISABLED HANDICAPED VETERANS U.S.M.C. DURING VIETNAM ERA IN 2008 I WAS TO HAVE A SIMPLE KNEE REPLACMENT DONE ALL HELL BROKE LOOSE THE VA PUT ME ON A WAITING LIST THIS TOOK 8 MOS WHEN THEY WERE TAKING ME TO SURGERY,MY DR.CAME OUT SAID IT COULDN'T DO THE SURGERY THE HAD NO MORE CLEAN SURGICAL EQU, THEY SAID IT WAS THEIR FAULT,I COULD'NT WAIT 8 MORE MOS ,I LOOKED FOR GOOD DR I FOUND ONE CHARLOTTE N.C. DR. STEVEN BROCKMEIRE,FROM BARRON & POWELL HE DID MY RIGHT KNEE ON(###) ###-####THEN EVERYTHING WENT CRAZY 3 STAPH INFECTIONS MERSA,VRE THE MOST DEADLYIST,OF ALL THE PROTEOUS ALMOST KILLED ME I CAN NEVER BE CUT ON AGAIN ,THE VA TOOK MY RIGHT KNEE ABOVE THE KNEE OFF MAY ,18,2011 I HAVE BEEN TRYING TO GET O COMP&PENSION ,FOR THIS SINCE 2008 BEENTURNED DOWN 9 TIMES I HAVE A TORT LAWSUIT AGAINST THE VA IN COLUMBIA S.C. HOW LONG DOES IT TAKE TO START GETTING RESULTS
Submitted: 3 years ago.Category: Legal
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Customer reply replied 3 years ago
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 3 years ago
WHAT IS THE TELEPHONE NUMBER
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6/9/2015
Lawyer: Delta-Lawyer, Attorney replied 3 years ago
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3,546
Experience: 10 years practicing IP law and general litigation
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I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of litigation experience. It is a pleasure to assist you.
As you likely know, the win a tort lawsuit, or civil suit, based on medical malpractice, you have to prove that the entity acted outside of the applicable standard of care. This means you have to show they have a duty, breached that duty, the breach caused injury and you must show the injury.
Based on what you have shared with me, you can likely meet your burden in proving your case against the VA. Normally, a medical malpractice suit can last between 2 and 5 years against a private party hospital. Because you are dealing with a federal entity in the VA that is sued all the time, you may have to wait 6 or 7 years before the item is actually complete.
The reason is that unlike private business that must pay hourly attorneys, the VA employees attorneys on salary that can slow play the case and not cost the VA any more money in the process.
It is actually quite devious when you consider the reason you have VA benefits in the first place.
So, it is hard for me to state unequivocally how long it will take but based on your facts. But, your time is not unusual at the moment.
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Lawyer: Delta-Lawyer, Attorney replied 3 years ago
Let me know if you have any other questions. I meant to state that earlier and submitted my response too fast. Also, please rate my answer positively if this has helped you at all.
Best wishes going forward and most certainly Thank You For Your Service!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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