What is the federal statute for a suit against the VA?

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What is the federal statute for a suit against the VA?

A chaplain made inappropriate sexual comments and persisted when told to stop. Acomplaint to the treatment left the victim with no assistance for 11 days despite the patient rights bill stating immediate assistance would be given. This was a chaplain. male on male. The treatment team failed to act. There is an apology letter from the VA for the incident.

Asked on October 18, 2013 under Malpractice Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no per se federal statute to sue the veterna's Administration. First you need to make a claim under the federal tort claim act and then file suit within a timely period id the claim is rejected.

The Federal Tort Claims Act (June 25, 1948, ch. 646, Title IV, 62 Stat. 982, "28 U.S.C. Pt.VI Ch.171" and 28 U.S.C. § 1346(b)) is a 1948 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity.

Given the complicated nature of such an act you should consult with a an experienced personal injury attorney. One can be found in your locality through attorneypages.com.


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