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| Page: VA Malpractice |
Veterans Administration Medical Malpractice
Medical
Malpractice occurs far too often throughout our country's system of private,
public, and quasi public hospitals. ( Harvard Study; Robert Wood Johnson Foundation
Study; Press Release).
When it occurs to our nation's heroes, our
country's veterans, in the largest public health care system in the U.S. -- the Department of
Veterans Affairs (and still referred by most as the Veterans Administration or VA) -- it is
often inexcusable neglect.
While there are some legal barriers to filing a
medical malpractice lawsuit against a VA physician or other VA healthcare provider, the fact is
that catastrophic injury and wrongful death cases can brought against the
Departmentof Veterans Affairs (and
still referred by most as the Veterans Administration or VA) for malpractice.
Department of Veterans Affairs Medical Malpractice In order to file a VA malpractice lawsuit against the Department of Veterans Affairs, the veteran must have been registered in the VA healthcare system, received treatment from a VA or Department of Veterans Affairs healthcare provider, and suffered injury or death because of the VA doctor's malpractice. Like all medical malpractice lawsuits, your experienced medical malpractice attorney hires an expert to review your VA medical charts, and any other medical records from your other non-VA healthcare providers (if any), and the expert renders an opinion as to whether the care provided by the VA healthcare provider fell below the accepted standard of care. If so, then your personal injury lawyer proceeds to the next step of the process. In order to file a claim against the VA or Department of Veterans Affairs for malpractice, your attorney must comply with the Federal Tort Claims Act (FTCA). This means, for example, filing pre-lawsuit claim Form 95. Then your trial attorney follows the next steps and procedures for filing the lawsuit against the United States and Department of Veterans Affairs, or VA, for your damages caused by the VA malpractice. Keep in mind at all times that there is NO right to jury trial in a FTCA lawsuit against the VA. Instead, your case will be heard by a federal judge. Also, FTCA strictly limits the time you have to sue or file a civil lawsuit for damages. So do not delay, or else your claim could be barred forever. VA Lawsuit Medical Malpractice Claim If you are a veteran and have suffered catastrophic injury, or a family member who is a veteran has suffered wrongful death, as the result of VA malpractice, Department of Veterans Affairs malpractice, or other VA healthcare provider malpractice, then contact an experienced medical malpractice attorney and personal injury lawyer. We have experience in representing patients in medical malpractice claims. Attorney David Hughes Harris also used to represent doctors, nurses, and hospitals in medical malpractice actions, so he knows both defense tactics and strategies. We only handle catastrophic injury cases and wrongful death cases resulting from VA malpractice, Department of Veterans Affairs malpractice, or other VA healthcare provider malpractice. |