VA Medical Malpractice
Veteran Attorneys Fighting for the Rights and Futures of Veterans
Contact Us Today!
VA Medical Malpractice Attorney
Representing Veterans Harmed by Negligent VA Hospitals & Doctors Nationwide
The U.S. Department of Veterans Affairs provides qualifying Veterans with healthcare services ranging from regular health checkups to specialist appointments with cardiologists and even mental health professionals. However, like any medical professional, VA doctors and hospital staff can make critical mistakes.
If you or your Veteran loved one were harmed because of the negligence of a VA doctor, Veterans Advocacy Law Group is here to fight for you. Contact our VA medical malpractice lawyer today to schedule a consultation. We represent Veterans across America!
Call Veterans Advocacy Law Group today at or contact us online to schedule a consultation with our national veterans estate planning attorney.
Can I Sue The VA For Malpractice?
Yes, you can sue the Department of Veterans Affairs (VA) for medical malpractice under certain conditions. As a VA medical malpractice attorney, we understand that navigating this process can be challenging, but here are the key steps and considerations you need to be aware of.
Here are the essential steps and considerations:
- Understand the Federal Tort Claims Act (FTCA):
- The FTCA governs claims against federal agencies, including the VA and you must file an administrative claim with the VA.
- File an Administrative Claim:
- Include a detailed description of the alleged malpractice. Specify the damages you are seeking. Gather all relevant medical records and evidence to support your claim.
- Wait for the VA's Response:
- The VA has six months to respond to your administrative claim. If the VA denies your claim or does not respond within six months, you can proceed to file a lawsuit in federal court.
- Meet Deadlines:
- There are strict deadlines for filing both the administrative claim and any subsequent lawsuit. Prompt action is required to ensure your claim is valid.
- Seek Legal Assistance:
- Navigating VA medical malpractice claims can be complex. Veterans Advocacy Law Group specializes in helping clients nationwide, including as Colorado VA medical malpractice attorneys. A skilled lawyer can guide you through the process, ensuring compliance with all legal requirements and helping build a strong case.
Given the complexities involved in VA medical malpractice cases, seeking legal assistance is highly advisable. Our firm specializes in helping clients navigate the intricacies of the FTCA and pursuing justice against the VA. A skilled VA medical malpractice attorney from our firm can provide the guidance and representation needed to build a strong case and achieve a favorable outcome.
If you believe you have been a victim of VA medical malpractice, contact us for a consultation. We are dedicated to helping veterans secure the compensation they deserve.
Why Veterans Advocacy Law Group is the Right Choice for You
When you are dealing with complicated legal matters that involve the VA, you need an attorney by your side who understands what you are going through. Veterans Advocacy Law Group is owned and operated by Attorney Joe Whitcomb, a military Veteran whose first legal battle with the VA was his own. Joe has spent years putting his personal and legal experience to work for the betterment of Veterans and their families.
For Veterans,
By Veterans
Contact Us Today!
What is VA Medical Malpractice?
VA medical malpractice refers to situations where a healthcare professional from Veterans Affairs deviates from the acceptable standard of care, resulting in harm or injury to a patient.
Here are some common examples of medical malpractice:
- Misdiagnosis/Delayed to Diagnosis
- Failure to Treat
- Medical Errors
- Surgical Errors
- Anesthesia Errors
- Emergency Room Errors
If you believe your VA doctor committed one of these errors or another form of malpractice, get in touch with our VA medical malpractice attorney! We serve clients all throughout the United States!
What is the Process of a VA Medical Malpractice Claim?
If you are planning on filing a medical malpractice lawsuit against the VA, it may be helpful to understand what the process could look like.
- Gather information: Collect all relevant medical records, test results, and documentation related to the incident or treatment in question. These documents will be crucial for evaluating your case.
- Consult an attorney: It's advisable to consult an experienced medical malpractice attorney who specializes in handling cases against the VA. They can assess the merits of your case, explain the legal process, and guide you through the necessary steps.
- Statute of limitations: Be aware of the statute of limitations for medical malpractice claims. This refers to the time limit within which a lawsuit must be filed. The statute of limitations for VA medical malpractice claims is two years.
- Administrative review: Before filing a lawsuit, you may need to complete an administrative review process within the VA system. This typically involves submitting a claim to the appropriate VA office, which will then conduct an investigation into the allegations.
- Expert opinion: In medical malpractice cases, expert testimony is often crucial to establish the standard of care and demonstrate how it was breached. Your attorney may consult with medical experts who can review your case and provide their professional opinion.
- Settlement or litigation: After the administrative review and gathering of evidence, you and your attorney will determine whether to pursue a settlement or file a lawsuit. This decision will depend on various factors, such as the strength of your case and the extent of the damages suffered.
- Compensation: If your case is successful, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages. The specific amount will depend on the details of your case and the applicable laws in your jurisdiction.
The above information is a general guideline for how a VA medical malpractice case may proceed, however, each case is unique and will have its own individual timeline based on the circumstances involved. The experienced VA malpractice attorney at Veterans Advocacy Law Group can provide you with more accurate information about your case during a consultation. Reach out to us today – we serve clients nationwide!
What Damages Could Be Recovered in a VA Medical Malpractice Claim?
Common types of damages include the following:
- Medical expenses: Compensation for current and future medical expenses that is related to the injury caused by the malpractice. This may include hospital bills, surgeries, rehabilitation, physical therapy, prescription medications, and any necessary assistive devices or modifications to the home.
- Lost wages and loss of earning capacity: If the malpractice-related injury caused you to miss work or impacted your ability to continue working, you may be able to recover compensation for lost wages. In cases where the injury leads to long-term or permanent disability, compensation for the loss of earning capability can also be sought.
- Pain and suffering: VA medical malpractice can result in severe physical pain and emotional suffering. Compensation for pain and suffering may be granted to reflect the effect of the injury on your quality of life, which includes physical pain, emotional despair, mental anguish, and loss of enjoyment of life.
- Loss of consortium: In instances where medical malpractice leads to death or severe injury that affects the veteran’s relationships with their spouse or family, compensation for loss of consortium (companionship and support) may be awarded.
- Wrongful death: If a veteran dies as a result of medical malpractice, their surviving family members could be eligible to seek a wrongful death claim. Damages in wrongful death cases could include funeral and burial expenses, loss of financial support, and compensation for the emotional effect of losing a loved one.
Compassionate Legal Representation for Veterans
At Veterans Advocacy Law Group, we understand the unique challenges that veterans face when navigating the legal system. Our team is dedicated to providing compassionate and knowledgeable legal representation for veterans in Denver and the surrounding areas. Whether you are seeking assistance with VA disability claims, military discharge upgrades, or other legal matters, our experienced attorneys are here to help.
Why choose Veterans Advocacy Law Group?
- Specialized expertise in veterans' legal issues
- Personalized attention and support for each client
- Proven track record of successful case outcomes
- Deep understanding of military culture and experiences
- Committed to advocating for veterans' rights and benefits
If you are a veteran in need of legal assistance, contact Veterans Advocacy Law Group for a consultation with a VA medical malpractice attorney. We are proud to serve those who have served our country.
When to Contact a Veterans’ Medical Malpractice Lawyer?
With any legal matter, time is of the essence. Your attorney needs to begin investigating your case and collecting evidence as soon as possible. Additionally, VA medical malpractice claims have a time limit within which they must be filed, or the defending party may be able to request the case be dismissed. The statute of limitations for VA malpractice lawsuits is two years from the date the injury took place, or from when the malpractice should have been reasonably discovered.
Don’t let time lapse on securing the justice you or your loved one deserves. Call our VA medical malpractice lawyer today to schedule a consultation. Our Veteran-owned firm represents clients nationwide!