VA Medical Malpractice
VA Medical Malpractice (Negligence) Victim?
Our Medical Malpractice Lawyers Can Help You Receive the Right Compensation for Negligent Care by a VA Physician.
Veterans sacrificed to keep our country safe and strong. As a veteran, you expect the VA to help when medical issues arise. Unfortunately, overwhelmed, short-staffed VA hospitals sometimes make terrible mistakes when it comes to treating their patients.
As experienced veteran’s medical malpractice attorneys, we have helped clients severely harmed by VA doctors or VA hospitals receive money damages for their pain and suffering and other losses. In the case of a wrongful death, the late veteran’s spouse or dependent may sue the VA.
An experienced veteran’s medical malpractice attorney helps you, as a veteran victim of medical negligence, file your claim and fights to ensure you receive the compensation you deserve. Call (888) 878-9350 or E-mail US to arrange a free consultation to discuss your case.
The Federal Tort Claims Act & VA Medical Negligence
In most instances, it is not possible to sue the federal government. That is not true when it comes to medical malpractice and the VA system. A veteran, or his or her legal representative, may file a claim under the Federal Tort Claims Act (FTCA.)
That does not mean a lawsuit is filed in court, as is the case with other types of medical malpractice. The complaint, known as Standard Form 95, must first go to the VA. The form requires a great deal of detail, and an attorney specializing in VA medical malpractice should help you with it. The agency reviews the complaint and may or may not offer a settlement.
If the VA does not agree to settle the claim, offers an unacceptable amount or simply ignores the claim for the following six months, a veteran may then take the case to court. However, successfully suing the federal government requires an experienced VA medical malpractice attorney, not someone who only handles civilian cases.
You May Be Entitled to Compensation and Damages
VA medical negligence victims may receive three types of damages. These are:
- Economic damages – these include medical bills, lost wages and similar losses that you can substantiate
- Non-economic damages – these include pain and suffering, disability, disfigurement, emotional distress and other quality of life issues.
- Future damages – this may include future lost income if you cannot work or can no longer work at your previous level of employment.
The FTCA does not allow for punitive damages. Such damages “punish” the doctor or VA hospital responsible for your condition. Since there is no punitive damage mechanism, it is imperative that a veteran victim of VA medical malpractice exactly specify the right amount of compensatory damages.
That is the maximum possible amount the veteran may receive, unless there is some new development in the case that was unknown when Form 95 was filed.
An experienced VA medical negligence lawyer will help you make an accurate estimate of the economic and non-economic damages, as well as future expenses related to the injury. Call (888) 878-9350 or E-mail US.
Mushrooming VA Medical Malpractice Claims – Rampant Negligence
Over the past decade, the VA has paid out millions of dollars in medical malpractice claims, and the numbers are growing.
As reported by Bloomberg News, veterans have received damages of misdiagnosis, treatment delays and procedures done on the wrong body parts. Five veterans died after an outbreak of Legionnaire’s Disease at a VA hospital, and surviving family members said the veterans were not immediately informed of the health problem after VA officials knew about it.
Another reason for mushrooming malpractice claims involves veteran age. Amputate the wrong leg of a veteran in his 70s and it’s still a tragedy – but the actuarial tables don’t make for a huge malpractice payout.
Amputate the wrong limb of an Iraq or Afghanistan vet – who may not have celebrated their 30th birthday – and their lifespan and the effect on their future working life makes a malpractice payout much larger. VA malpractice payout might be larger still, but Bloomberg News quotes a former Navy judge advocate general as saying, “My strong belief is a lot of lawyers don’t know how to sue the VA.”
Don’t make that mistake – hire an experienced VA medical malpractice attorney.
Waiting Could Mean You're Out of Luck – Statute of Limitations
Under the FTCA, a strict statute of limitations applies. You must file a medical malpractice claim against the VA within two years of the date of the injury, or when you first became aware of the injury. Once that date has passed, a veteran victim of VA medical malpractice can no longer sue.
When you’re seriously injured, basic recuperation takes a long time, but the statute of limitations clock keeps ticking. It’s crucial that you contact an experienced VA medical malpractice lawyer as soon as possible, to ensure your claim meets the deadline. Call (888) 878-9350 or E-mail US. It doesn’t cost anything, it’s confidential and our lawyers are happy to help.