VA Liability in Face of Subsequen Treatment
Client was treated at VA hospital. He returned later with complications but was never seen and finally left and went to another ER where he was treated but with a bad end result. Is VA liable for entire injury?
Answer: The federal government is liable under the tort claim act to the extent a private citizen would be under state law of the state where the event occurs. It seems to me you may get some help from Atherton v. Devine, 1979 OK 132, 602 P.2d 634: Tort-feasor liable for injury in ambulance accident en route from accident. Accord: Gustin v. Meadows, 1974 OK CIV APP 12, 521 P.2d 429.
Posted on Thu, June 16, 2011
by Sharon Coleman filed under