Loophole allows the VA to deny Marine’s malpractice claimBy: Kerri O’Brien Posted: Jul 04, 2018 07:56 PM EDTUpdated: Jul 04, 2018 11:06 PM EDT308 prevnextVideoRICHMOND, Va. (WRIC) — As we celebrate our freedom and our veterans who fought for it, a veteran is speaking out about a little known VA loophole. “We need to fix this,” said Marine Corps veteran Brian Tally.The California veteran was misdiagnosed and left in permanent pain.A little-known loophole allowed the VA to deny his medical malpractice claim…
…Failure to take that blood test led to a misdiagnosis. Tally filed a claim with the VA for damages. The federal form is known as a Standard Form 95.
“I started receiving phone calls from VA attorneys stating to me that the VA failed to meet the standard of care and that there will be a settlement coming my way,” said Tally.
However, about a year into settlement talks he said, “Right at the last minute, they pulled the rug underneath my feet and denied everything.”
The VA suddenly told Tally the government was not to blame for his injuries because his primary care physician was not a VA doctor but a private contractor.