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RayAnswers, Attorney
Category: Personal Injury Law
Satisfied Customers: 41667
Experience:  Texas lawyer for 29 years in personal injury
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Do I have a case 12/9/2015 I know this may not help my

Customer Question

Do I have a case 12/9/2015 I know this may not help my father (Holman Graham###-##-####, but it may help some other Veteran. I have the attached a letter I sent to Columbia Reginal Benefit Office trying to get some help, no one contacted me. A letter
is also attached that I planned to send to Washington, DC. I am so displease with the service my father received from the Charlie Norwood VA hospital in August, Ga. My complaint is that he did not receive the home health care services he was supposed to receive
upon his release from the hospital around July 2015. • Home Health Care (a nurse to check medical conditions) • Physical Therapy • A ramp (He had to be carried to the car to attend his appointments.)- We were contacted around about August and were asked what
type of ramp we wanted. After several conversations we decided on the built ramp. We were asked any many steps were attached to the porch, but no one ever came out to get measurements for the ramp. • A walk-in Shower- Chrystal told us daddy could apply for
the $2000.00 HISA grant to get the walk-in shower, but he had to try using the bench for the tub first. We tried the bench, but it was hard getting him in the tub. Several calls were made to inform Ms. Chrystal to inform her that bench weren’t work and father
needed to apply for the HISA grant. We never received a call back. • An air mattress to help with his bed sores. We received no feedback The system just forgot about my father After many more phone calls I final was able to reach Mr. O’Bryan the head of the
Social Service Department in October. She stated that a service my father was supposed to receive in July was assign to a Health Care Service in Georgia. The Service declined the case, because my father lived in SC. From July to November nothing else was done
concerning my father home Health care. My father was admitted to the VA Hospital on November 11, 2015 for dehydration and not eating. He was sent home the afternoon of November 12, 2015, within 45 minutes of being home the EMS had to transport him to Allendale
County Hospital. He was diagnosed with dehydration and a bladder infection. Allendale County EMS transported him back to the Charles Norwood VA hospital in Augusta. They continue to treat him for dehydration and wound nurse came in to care for his bed sores,
which could have been prevented if he had received the care the doctor order for him at in July. My father was release from the VA hospital on November 16, 2015 and died at Allendale County Hospital November 17, 2015 After O’Bryan took over my father’s case
in November, she began to get thing moving for him to start getting the Home Health Care the doctor ordered for him in July, but it was too late. The most hurtful thing was they came to build the ramp on November 18, 2015, a day after my father died.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

I am so sorry your father had to endure all of this.Certainly you may consider a wrongful death type suit against the government for his care.There appears to be a systemic pattern of neglect and lack of followup.These are contingent fee cases, you would not pay until there is recovery.I would consider pursuing this matter and seeking some just justice for your father.

You are welcome to send your letter as well, maybe it will help others in the same situation and they will remedy the care issues here.

Expert:  RayAnswers replied 1 year ago.

Lawyer referral for you here.

I appreciate the chance to help you today.Please let me know if you have more.Thanks again.

Expert:  RayAnswers replied 1 year ago.

§ 8.01-50

Action for death by wrongful act; how and when to be brought.

A. Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law to a felony.

B. Whenever a fetal death, as defined in § 32.1-249, is caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation, the natural mother of the fetus may bring an action pursuant to this section against such tortfeasor. Nothing in this section shall be construed to create a cause of action for a fetal death against the natural mother of the fetus.

C. Every such action under subsection A shall be brought by and in the name of the personal representative of such deceased person. Actions for fetal death under subsection B shall be brought by and in the name of the natural mother; provided, however, if the natural mother dies, or is or becomes a person under a disability as defined in § 8.01-2, such action may be initiated or maintained by the administrator of the natural mother’s estate, her guardian, or her personal representative qualified to bring such action. In an action for fetal death under subsection B brought under Chapter 21.1 (§ 8.01-581.1 et seq.) where the wrongful act that resulted in a fetal death also resulted in the death of another fetus of the natural mother or in the death or injury of the natural mother, recovery for all damages sustained as a result of such wrongful act shall not exceed the limitations on the total amount recoverable for a single patient for any injury under § 8.01-581.15. The person bringing an action under subsection B shall have the power to compromise a claim pursuant to § 8.01-55 and any damages recovered shall be distributed pursuant to this article. Every such action under this section shall be brought within the time limits specified in § 8.01-244.

D. If the deceased person was an infant who was in the custody of a parent pursuant to an order of court or written agreement with the other parent, administration shall be granted first to the parent having custody; however, that parent may waive his right to qualify in favor of any other person designated by him. If no such parent or his designee applies for administration within 30 days from the death of the infant, administration shall be granted as in other cases.

E. For purposes of this section, “natural mother” means the woman carrying the child.

Expert:  RayAnswers replied 1 year ago.

This is likely a federal case under Federal Tort Claims Act rather than wrongful death if the VA is the proper party.

Claims Under the Federal Tort Claims Act

The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred.

A claim against the United States, predicated on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, may be filed by the injured person or his or her legal representative using Standard Form 95, Claim for Damage, Injury, or Death; however, use of the SF 95 is not mandatory, so long as the requirements are met that there is a signature of the appropriate claimant, sufficient information to investigate the allegation, and a sum certain demand. The completed and signed claim should be submitted directly to the Office of General Counsel through the Chief Counsel located in the geographic area wherein the occurrence complained of took place. A tort claim must be filed within two years of the date the claim accrued. This generally means that the General Counsel must receive the completed claim form within two years of the accident or injury which gave rise to the claim, but may run from the time when the claimant knew or should have known of the injury.

Your lawyer would send the proper notices and file suit in federal court.

Expert:  RayAnswers replied 1 year ago.

More about federal law and such a suit.

I hope you will use the lawyer referral and pursue some justice for all the wrongs your father had to go through.