FAQs

Can I sue the Veterans Affairs hospital for medical malpractice?

Sovereign immunity generally prohibits people from suing the federal government. However, the Federal Torts Claims Act (FTCA) allows you to sue the VA for injuries under certain circumstances.

How long do I have to file a FTCA claim?

You have up to two years from your date of injury to file a FTCA administrative claim. However, we suggest you begin the process as soon as possible after suffering or becoming aware of malpractice.

Can I sue the VA right away?

You must first file an administrative claim. The VA has six months to respond. If the agency denies your claim, you can file a lawsuit.

What are the guidelines for filing an FTCA claim?

You must satisfy these criteria to prevail on an FTCA claim against the VA:
• A VA employee injured you.
• The VA employee was acting within the scope of employment.
• The VA employee acted negligently or wrongfully.
• The negligent or wrongful act proximately caused your injury.

Is there an alternative to suing the VA?

You may be eligible for Section 1151 disability benefits instead of or in conjunction with an FTCA claim. A knowledgeable attorney can explain to you the advantages and disadvantages to both the FTCA and Section 1151 claims and assess whether you qualify.

Why is time of the essence when filing a personal injury or medical malpractice claim?

California imposes a statute of limitations on personal injury and medical malpractice claims. If you miss the deadline, you waive important rights to recover damages.

What is a contingency fee arrangement?

A contingency fee arrangement means you do not pay us any attorneys’ fees until we recover damages for you. In the unlikely case that we do not recover, you would owe us no fees for our work.

What if I can’t afford a lawyer to handle my personal injury or medical malpractice claim?

Bertling Law handles your personal injury or medical malpractice claim on contingency so you take no risk in pursuing recovery of damages. Your claims evaluation is also free so you can learn about your rights and options without paying any attorneys’ fees.

How can I avoid disputes at my business?

It is always better to take steps up front that help you avoid disputes that can disrupt your business. Our firm conducts a thorough risk assessment and counsels you on ways to mitigate your risks.

How can I maintain compliance with California and federal labor laws?

California and U.S. laws are volumes long and constantly changing. Our team can provide you with a comprehensive overview and monitoring to help you stay in compliance.

What steps should I take if faced with a workplace complaint?

Our firm believes in litigation avoidance. This does not mean we shy away from litigation if taking the claim to trial is better for your company, but rather, we are skilled at mediating solutions that save your business time and costs and yield the best possible results.