About Veterans Affairs medical malpractice lawsuits.
Veterans Affairs medical malpractice lawsuits fall under the Federal Tort Claims Act (FTCA). To have a VA medical malpractice lawsuit, you must have injuries that are the result of negligence by a VA medical professional. Veterans Affairs medical malpractice lawsuits can’t be filed just because you didn’t like the result of your medical treatment.
Many veterans are unhappy with the medical care they receive at the VA, but that isn’t enough for a VA medical malpractice claim. Unfortunately, the VA medical malpractice laws do not favor veterans enough. VA medical malpractice claims are generally only filed if there were significant injuries or serious negligence.
For a Veterans Affairs medical malpractice lawyer to file a claim, there must actually be an injury that that happened through:
- Error in Judgment
- Lack of Proper Skill
- Other Fault
What to do after the VA commits medical malpractice.
- Document your injuries: If you can, take pictures of the injuries you believe are from Veterans Affairs medical malpractice. Pictures of your injuries can be powerful and they can help prove your VA medical malpractice lawsuit.
- Get your medical records: You can request your medical records from your doctor about the injury. If you don’t know how to get your records, don’t worry, a Veterans Affairs medical malpractice lawyer can do that for you if you have a case.
- Talk to a lawyer for free: There isn’t a fee to get a qualified opinion from a Veterans Affairs medical malpractice lawyer. Learn your rights as a veteran who is a victim of VA medical malpractice.
You can file an 1151 VA disability claim after Veterans Affairs medical malpractice.
Veterans who were injured by VA medical malpractice may be eligible for Section 1151 veterans benefits. Your injuries from VA medical malpractice will receive a VA disability rating just like service-connected injuries. If your injuries from VA medical malpractice prevent you from working, you may be eligible for Total Disability Individual Unemployability benefits.
Veterans who are eligible for VA disability benefits can receive over $2,900 a month. Some veterans may obtain monthly payments for VA Aid and Attendance veterans disability benefits, dependent children payments, and dependent parents payments.
Eligibility guidelines for Section 1151 VA disability claims:
- You must be a veteran.
- You must have a disabling condition that is the result of or has been aggravated due to VA sponsored medical treatment or training.
Evidence requirements for Section 1151 VA disability claims:
As a result of VA hospitalization, medical or surgical treatment, examination, or training, the evidence must show you have:
- An additional disability or disabilities, OR
- An aggravation of an existing injury or disease, AND
The disability was:
- The direct result of VA fault such as carelessness, negligence, lack of proper skill, or error in judgment, OR
- Not a reasonably expected result or complication of the VA care or treatment OR
- The direct result of participation in a VA Vocational Rehabilitation and Employment or compensated work therapy program.
Medical experts can help your Veterans Affairs medical malpractice claim.
If you hire a Veterans Affairs medical malpractice lawyer, it is likely that they will work with medical experts. These medical experts may review your medical documents and write reports detailing how the VA committed medical malpractice.
Law is all about providing evidence. We can’t stress how important valuable evidence is to any legal issue. Your Veterans Affairs medical malpractice lawyer knows what evidence is key to winning your lawsuit.
A second opinion of your injuries can help your claim. Generally, your Veterans Affairs medical malpractice lawyer will work closely with a doctor outside the VA to provide medical reports detailing how the VA’s negligence caused or made your injuries worse.
About losing a family member to VA medical malpractice.
John Hopkins University found that medical errors are the third leading cause of death in the United States. As many as 251,454 Americans die yearly from negligent medical care. These statistics show that our medical care is now always as top-notch as we may believe.
The statistics prove that Americans don’t receive the best quality in healthcare and that negligent medical professionals may be liable more often than we think. If you suspect a loved one died from negligent medical care in a VA medical facility, we highly suggest you talk with a Veterans Affairs medical malpractice lawyer.
After a family loses a loved one, the last thing on their mind is a lawsuit. However, you only have a limited amount of time after the negligent medical care to file a VA medical malpractice lawsuit. We strongly recommend you contact a Veterans Affairs medical malpractice lawyer right away to discuss your legal options. Once your time limit is over for fling a claim, you are barred from any form of financial recovery.
Why should I talk to a Veterans Affairs medical malpractice lawyer?
- Your injury is significant: Remember, to file a VA medical malpractice claim, you are going to need significant injuries. Being unhappy with the results of your medical care does not necessarily mean you have a VA medical malpractice claim.
- You have been injured by a doctor: Doctors generally are caring, smart people. But because they are human, they do make mistakes. Unfortunately, those mistakes can hurt and kill innocent patients.
- You have been injured by a VA nurse: Nurses are generally the on the front-lines of medical care and they can be held liable for their negligence. Nurses work hard and care about their patients, but just like doctors, they too make mistakes.
- You have been injured by a VA medical professional: Any medical professional can be the subject of a medical malpractice claim. This includes any medical professional that is employed by the VA and their outreach programs.
Can I afford to hire a Veterans Affairs medical malpractice lawyer?
- No money is needed upfront: Your Veterans Affairs medical malpractice lawyer will never ask for money upfront. Many medical malpractice victims do not have the money to pay a lawyer upfront and that’s okay.
- You only pay if you win: Your Veterans Affairs medical malpractice lawyer will only obtain a fee if your claim is successful. If you do not obtain a settlement, you don’t owe your Veterans Affairs medical malpractice lawyer a penny.
- Phone calls are free: Phone calls and legal consultations at Woods & Woods are always free. You don’t have to pay us to learn your legal rights. Give us a call and we can discuss your claim and find out what legal options are available to you.