Medical Malpractice Claims

Medical Malpractice claims against the VA or its employees follow different rules than claims against private hospitals.  You have a very limited time to file your claim – usually only 2 years from the date of the injury.

If you have made a claim and it is denied – you only have 6 MONTHS to file in Court.

If you think you may have a claim for negligence – contact us today!

WHEN DO I HAVE A CLAIM?

Injuries or death caused by improper diagnosis, treatment, rehabilitation or therapy by VA employees will allow the injured person to make a claim for money damages.

Also, any disability which may result, is service connected for the purposes of making a VA disability claim under section 1151.

EXAMPLES OF CLAIMS:

-Wrongful death or injury due to substandard medical care.  A VA employee does not use reasonable care and someone is injured.

Ex: Wrong treatment or mistake during surgery

Ex: A nurse fails to put up the safety rails on the bed and set the bed alarms, for a patient that is a fall risk.

– Failure to Properly diagnose a medical condition. 

Ex:  A nurse practitioner at the VA says your pain is a bladder infection and sends you home when an appropriate test, such as a CT scan, would have shown a serious bowel condition.

-A Slip and Fall on VA property

Ex: No grab bar in the bathroom

-Failure to properly explain side effects, the risks of surgery or other treatment

Ex: The surgeon did not explain the 40% success rate for an epididymectomy.

– Assault by a VA employee.

TYPES OF DAMAGES RECOVERABLE ARE:

• Personal expenses
• Lost income
• Past or future medical expenses
• Home adaptation expenses
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium for spouse

PUNITIVE DAMAGES AND JURY TRIALS ARE NOT AVAILABLE WITH THESE CLAIMS