We bring VA Malpractice claims for veterans harmed by substandard medical treatment provided by VA hospitals and clinics.
These claims are governed by different rules than claims against non-VA doctors and facilities.
The Federal Tort Claims Act (“FTCA”) is a federal statute which allows patients to make claims for injury due to negligence at VA facilities. The statute and rules restrict who can be sued, when they can be sued, and under what circumstances. A claimant who does not strictly comply with certain provisions of the statute and rules would be barred from recovering on an otherwise valid claim.
FTCA Claims Facts
- Must be presented for administrative review before a lawsuit can be filed
- Federal government is accountable
- Will be barred if certain mistakes are made during the administrative process
- Are defended by Assistant United States Attorneys
- Must be filed in Federal District Court
TIPS
Seeking an Early Legal Consultation enhances your chance of recovery because these claims must be filed quickly, but they require a lengthy, complex investigation. The sooner we begin, the sooner we can:
- Identify the “medical errors”
- Help you ask the right questions
- Help you limit corruption of your records
- Locate helpful evidence
- Secure expert analysis
A Chronology is always helpful, and sometimes necessary.
IMPORTANT:
- Follow doctors’ advice
- Tell doctors about your concerns
- Ask doctors about future treatment
- Don’t alert VA personnel that you might sue
- Let us review your chart and prepare the case
Q&A
Contact us for a free consultation. We will evaluate your claim and show you the path to recovery at no risk to you. You pay no fee or costs unless you make a recovery.
No. If the injuries were caused by the negligence of a federal employee or doctor, the United States of America provides the remedy.
Each claim is different. However, the claims that are resolved for greater value take longer. A lawyer who is familiar with the FTCA rules and the tactics of the lawyers who defend these cases will be able to discuss this trade-off and handle your claim in a way that is more likely to meet your objectives.
Yes. However, you should discuss this with your lawyer so you can learn about opportunities to avoid record manipulation.
Yes. If you file a claim without legal assistance, be sure to comply with the “Sum Certain” and other “Presentation” requirements. Failure to do so would result in the loss of an otherwise valid claim.
It depends on factors which are unique to your circumstances. The purpose of the initial consultation is to learn facts that frame your potential recovery. Our investigation also impacts the value of your claim. We are ready to start when you are.