- President Obama
Propose legislation which ensures Veterans identical legal rights.
Currently, Veterans have different legal rights depending upon the state within which they reside. All Veterans are entitled to the same national healthcare.
- President Obama
- President of the United States
I just signed the following petition addressed to: President Obama.
Current law mandates that every Veteran, claiming substandard healthcare, must sue the government under the provisions of the Federal Tort Claim Act (hereinafter "FTCA"). Each Veterans' legal rights are totally dependent upon the law of the State wherein they reside. Consequently, a Veteran living in California has different legal rights than a Veteran living in South Carolina or Michigan. Worse yet, a Veteran from northern California has less legal rights than a Veteran residing in southern California.
Veterans need uniform rights nationally. That can only be accomplished by federal legislation which eliminates all ambiguity that Veterans and their heirs have a legal right to sue the government over at least the following issues:
-The right to the quality of healthcare mandated by VA's fiduciary duties, conflict of interest obligations, professional ethical responsibilities and its own written "Standards of Care."
-When VA healthcare staff injures Veterans, the right to Emergency Care which is consistent with widely accepted standards, norms, or expectations for a health care organization and its staff.
-The right to an objective and impartial Quality Assurance/Peer Review when VA healthcare staff injures Veterans.
-The right to have all of a Veteran's requested medical records produced in a timely fashion.
-The right to timely, responsive answers to Veterans' questions concerning their care and treatment including, but not limited to, the true malpractice/disciplinary history of medical personnel assigned to provide services to the Veteran.
-The right to an impartial, objective review of FTCA claims of VA substandard care and/or wrongdoing.
Veterans who represent themselves are always going to lose unless Congress enacts crucial changes to the FTCA to "level the playing field"; e.g., pass legislation which specifies the rights at issue herein and give Veterans the right to jury trial. These people are literally the sons and daughters of America, who went off to fight in a foreign land where many were seriously injured in mind and body, yet they have no right to a jury trial in any case concerning substandard healthcare against the very government that sent them to War. Please contemplate for a moment, the injustice of this situation. Beyond any doubt, Veterans are entitled to the standard of care guaranteed by law — if our government fails to provide it, those Veterans should have the safeguard of a jury trial to help prevent the type of abuses I've encountered over the past ten years.
Additionally, in order to discourage use of "Delay, Deny and Hope They Die" — VA's favorite tactic when faced with Veterans' claims — make all claims "survivable" causes of actions, so that the heirs of deceased Veterans may pursue their loved ones' legal rights.
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