If you believe you are the victim of medical malpractice at a VA hospital, contact us immediately. Our VA lawyers have handled many types of medical malpractice cases from across the country at VA hospitals, including patient neglect, spinal cord injuries, and failures to diagnose infections, cancers, and other diseases. Our VA medical malpractice attorneys handle many types of cases:
- Failure to diagnose cancer
- Misdiagnosis or incorrect diagnosis of a serious illness or disease
- Surgical mistakes, including leaving equipment, tools, sponges, inside the body (sometimes called “foreign body” cases)
- Delay in diagnosing cauda equina syndrome
- Failure to monitor serious conditions
- Wrong medication prescribed or administered
- Failing to prevent falls in high-risk patients
- Wrongful death caused by medical malpractice
- Failure to diagnose or treat a stroke
- Spinal cord injury due to surgical negligence
How do I sue Veterans Affairs?
To recover against the VA for VA Medical Malpractice you must first present an administrative claim against the VA before you can file suit against the United States of America. When filing suit against the United States for injuries from medical malpractice at a VA hospital, individuals must follow the strict rules of the Federal Tort Claims Act with help from a medical malpractice attorney experienced in military and VA case law.
Steps to file suit against Veteran’s Affairs under the FTCA:
- Gather itemized medical bills, medical records from the hospital where the malpractice occurred, documentation of missed work and associated costs, estimates for cost of future medical care.
- Talk with your lawyer about how your life has changed as a result of your injuries. Are there things you can no longer do for yourself? Do you experience new pain or disability? Has the injury impacted your ability to work, or your relationships?
- With the help of an experienced lawyer, decide on the “sum certain” which is total damages for your claim including past and future medical bills, lost wages from missed work, future medical and attendant care needs, and pain and suffering damages such as mental anguish, pain, suffering, impairment, and disfigurement.
- Present the Standard Form 95 within two years from the date the claim accrues (It’s best to consult one of our VA malpractice lawyers for help with this.)
- If your claim is denied, or you receive a “constructive denial” (no response after six months from the date of submission of Form 95), you can opt to file a federal tort claims lawsuit in federal court. If you do not file a lawsuit or request reconsideration of the claim within six months of denial, you lose your right to recover.
Should I file a claim myself?
You can file a claim yourself, but it is much better to work with an experienced VA medical malpractice lawyer. We know from reported settlements that veterans represented by lawyers recover two times (or more) as much as those who submit FTCA claims without lawyers. Attorney fees are capped under the FTCA at 20-25% of any settlement or judgment recovered on your behalf.
When an experienced VA malpractice lawyer files your FTCA claim, your attorney will
- Draft Form 95 correctly from the start, avoiding time lost to correcting errors;
- Emphasize details of your case that increase your likelihood of a recovery;
- Help prepare additional documents should they be needed;
- Retain qualified experts to bolster your claim with helpful expert reports;
- Negotiate a settlement on your behalf;
- Assist with claim adjustments and appeals; and
- Be ready to file a lawsuit should your administrative remedies be exhausted.
Avoid claim blunders that result in forfeiture of your claim. You can lose valuable time correcting mistakes, and you don’t want to squander one of the only chances that you have to recover damages. Your safest bet is to consult with one of our experienced VA attorneys. They will use their expertise in handling FTCA cases to present the best administrative claim possible for you in a military medical malpractice case.
Our firm has decades of experience with federal tort claims and FTCA lawsuits. Our seasoned VA lawyers have secured hundreds of millions of dollars for victims of VA hospital medical malpractice including a $21.59 million dollar trial judgment, in which our clients received $15.88 million for a medical error at a VA hospital. It is in your best interest to move quickly and contact us about your case today. You don’t want to lose your right to compensation because you waited too long. The more time our law firm has to review your file and prepare your claim, the better. Call us today for a no obligation telephone consultation.
You can see all of our Veterans Administration lawsuits and on our case results page. Our law firm and also has managed to get results all across the United States. But here are some case results our Austin VA medical malpractice lawyers have gotten against the Department of Veterans Affairs specifically: