Virginia Beach Veterans Medical Malpractice Claims
While the majority of VA hospitals, clinics, and health care providers adhere to their duty to deliver quality patient care, medical negligence remains a top concern. US veterans can suffer serious bodily harm, and there are emotional and financial consequences that go beyond the physical pain. If you were affected by veterans medical malpractice, keep in mind that you may qualify for remedies under the Federal Tort Claims Act (FTCA). It is a misconception that you cannot sue the federal government for mistakes by VA medical personnel. Our team at Bertling Law Group is committed to assisting veterans and active duty military personnel who sustain severe ramifications from VA health care errors. We have decades of combined experience with FTCA claims, so we are prepared to handle the complicated legal process on your behalf. Please contact us to set up complimentary consultation with a Virginia Beach veterans medical malpractice lawyer. Some background information about your rights is also useful.
How FTCA Claims Work
The statute defines the requirements and process for recovering compensation from the federal government, but the rules regarding medical malpractice cases apply when it comes to proof. You must have evidence showing that:
- You received care from a VA doctor, nurse, surgeon, psychiatrist, or other medical provider;
- The health care practitioner was acting within the scope of employment in treating you;
- The VA employee deviated from the applicable medical standard of care or was otherwise negligent; and
- Medical negligence was the direct cause of your injuries.
For example, a health care professional could be negligent through medication mistakes, misdiagnosis, surgical errors, or misconduct leading to birth injuries. With solid evidence of the above four elements, you may be eligible to recover amounts for your medical care, pain and suffering, emotional distress, and many other losses.
Overview of the Veterans Medical Malpractice Legal Process
The first step in pursuing an FTCA case is filing a claim with the VA, since you are required to exhaust your administrative remedies before moving on to litigation. Our Virginia Beach veterans medical malpractice lawyers at Bertling Law Group will help throughout the process. A timeline of a typical FTCA med mal case includes:
- Investigations: We will review your medical records and gather evidence showing medical negligence by VA providers.
- VA Malpractice Claim: It will be necessary to complete proper forms and submit solid evidence to support your med mal case.
- Settlement Discussions: Our team will attempt to work out an agreement with the government to settle your FTCA claim.
- Litigation: We will sue in federal court to recover fair compensation for your losses if the VA refuses to settle.
Our Virginia Beach Veterans Medical Malpractice Attorneys Will Support Your Needs
As you can see from this summary, it is crucial to work with experienced legal counsel when pursuing FTCA claims. For more information on how we support veterans and active duty military with VA medical malpractice cases, please contact Bertling Law Group at 844-295-7558 or via our website. We can schedule a no-cost case review to listen to your story and discuss next steps.
