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