suit against the va ?

[pac72]

What is the name of your state?pa
today while at the va my father in law was injuried, apparently the elevator he was getting on malfunctioned . as he was entering it the door began to close then the elevator started going up before the door closed. at that time he fell and broke his hip,
he was then admitted and examined- apparently a major break in his femur/hip socket..as of now he is scheduled to have his hip replaced this Thursday.
with him being 93 yrs old ,this is most likely a major life changing event for him. or god forbid he doesn't make it thru surgery.. up till today he was the energizer bunny , always out and about...

is the va exempt from such an injury suit ? this may put him in a nursing home for good.. he said someone that was on the scene told him that another person was injured by that same elevator last week

 

[TigerD]

People sue the VA all the time. Talk to a lawyer about a premise liability suit.

 

[quincy]

What is the name of your state?pa
today while at the va my father in law was injuried, apparently the elevator he was getting on malfunctioned . as he was entering it the door began to close then the elevator started going up before the door closed. at that time he fell and broke his hip,
he was then admitted and examined- apparently a major break in his femur/hip socket..as of now he is scheduled to have his hip replaced this Thursday.
with him being 93 yrs old ,this is most likely a major life changing event for him. or god forbid he doesn't make it thru surgery.. up till today he was the energizer bunny , always out and about...

is the va exempt from such an injury suit ? this may put him in a nursing home for good.. he said someone that was on the scene told him that another person was injured by that same elevator last week

First, I am sorry to hear about your dad-in-law's accident.

Yes, it is possible for him to sue the VA for his injury.

 

[quincy]

Your dad-in-law must first file an administrative claim (see link below to Form 95) and the VA has up to 6 months to investigate the claim, this before any lawsuit can be filed in federal court.

He will want an attorney's assistance.

Standard Form 95: https://nationaltriallaw.com/wp-content/uploads/2017/08/Standard-Form-SF-95.pdf

I hope he has a full recovery but, at his age, I agree with you that the accident is apt to be a life-changing one.

 

[pac72]

thanks for the good wishes guys...just hope the surgery goes well.. hate to say it but will likely be going with an injury lawyer here.. the wife and I nor him have the necessary finances likely now needed for his long term care..

we are hoping it was caught on video.. this was at the va in Lebanon pa..an older facility and likely not well maintained.

im sure any injury lawyer would love this case.. ill post updates as they come if nobody minds

 

[Taxing Matters]

hate to say it but will likely be going with an injury lawyer here..

Make sure he finds a lawyer familiar with suing the federal government under the Federal Tort Claims Act (FTCA). This is a suit in federal court and has specific requirements that must be followed. So it is not the same thing as the typical personal injury suit filed in state court that most personal injury lawyers would know. Thus, you want someone who has actual experience with the FTCA. As quincy pointed out the first step is filing an administrative claim with the agency. That must be done within two years of the accident. SF 95 can be used for that claim. The lawsuit cannot be filed until the earlier of (1) the agency denies the claim (and who knows, maybe the agency will pay it and it won't be an issue) or (2) the agency has failed to act on the claim after six months. What your father in law says in the administrative claim and what he seeks are very important as that will affect the later lawsuit, if there is one. So getting a lawyer at the start of the process to assist with the administrative claim is a good idea. Note, too, that unlike state law personal injury lawsuits, suits against the FTCA are not tried to a jury. Instead, it is the district court judge that will decide the matter.

And we like to get updates. Not many of the people who ask questions here ever come back to let us know how things worked out.

 

[quincy]

thanks for the good wishes guys...just hope the surgery goes well.. hate to say it but will likely be going with an injury lawyer here.. the wife and I nor him have the necessary finances likely now needed for his long term care..

we are hoping it was caught on video.. this was at the va in Lebanon pa..an older facility and likely not well maintained.

im sure any injury lawyer would love this case.. ill post updates as they come if nobody minds

Updates are always welcome as are additional questions if you have them.

I hope the surgery goes well.

Here is a link to the Federal Tort Claims Procedure that Taxing Matters references above:
https://www.law.cornell.edu/uscode/text/28/part-VI/chapter-171

 

[pac72]

thanks for the pointers on seeking council.. that will likely be down the road.. but we need to hope all goes well this week..thanks for the thoughts n prayers he needs em all

 

[quincy]

thanks for the pointers on seeking council.. that will likely be down the road.. but we need to hope all goes well this week..thanks for the thoughts n prayers he needs em all

Please keep us updated as your time allows.

 

[Shadowbunny]

Prayers for your FIL, pac72. And for you and your wife.

 

[adjusterjack]

At the risk of being a downer, the VA might not actually be responsible. The VA often leases the buildings it occupies. Elevators are complex machines and are generally maintained by elevator service companies.

Have your father's lawyer look into all that or you might waste 6 months and just get a denial from the VA.

Also be prepared to hire an elevator engineer to determine how and why the elevator malfunctioned. That should be done immediately.

My sympathies for your father but this is nowhere near a slam dunk.

 

[quincy]

At the risk of being a downer, the VA might not actually be responsible. The VA often leases the buildings it occupies. Elevators are complex machines and are generally maintained by elevator service companies.

Have your father's lawyer look into all that or you might waste 6 months and just get a denial from the VA.

Also be prepared to hire an elevator engineer to determine how and why the elevator malfunctioned. That should be done immediately.

My sympathies for your father but this is nowhere near a slam dunk.

If I am not mistaken, all VA hospitals are owned and operated by the federal government and the majority of care providers in VA hospitals are government employees.

This differs from the military (Army, Air Force, Navy. Marines, Coast Guard) health system.

 

[Taxing Matters]

If I am not mistaken, all VA hospitals are owned and operated by the federal government and the majority of care providers in VA hospitals are government employees.

I believe the Lebanon, PA hospital is indeed all federal property, but it would of course be worthwhile to check who owns the particular building. Even if it is leased, however, it would still be up to the VA to ensure that elevator is working properly. This is not a situation where the VA is just renting a few offices in a large building and the elevators are not part of the leased space. The entire building, including the elevators, is almost certainly either owned or leased by the VA, making the VA responsible to ensure everything is safe.

 

[quincy]

The Lebanon Veterans Administration Hospital is on the National Park Service's National Register of Historic Places. It is owned by the federal government.

Here are links to its history:
https://www.nps.gov/nr/feature/places/13000539.htm

https://www.nps.gov/nr/feature/places/pdfs/13000539.pdf

The history includes dates and types of improvements made to the buildings and property. I could not on a brief scan locate anything about the elevators but I suspect information on the elevators are located somewhere among the improvements detailed in the second link.

 

[pac72]

well as of now everything has went well.. dear old dad hasn't taken a step yet and is ready to go home..lol no post op issues as of now.. we are discussing if he wants to get an atty to represent him in the accident..

im going in tomorrow to see his caseworker and maybe his doctor to see what the follow up care/treatment will be