Honolulu Veterans Medical Malpractice Claims
After serving your country in the US military, you expect to receive quality patient care from VA hospitals, clinics and health care providers. Most practitioners do uphold their duties in delivering treatment, but there are some whose negligence can lead to serious harm. Fortunately, you do have legal options if you or a loved one suffered from veteran medical malpractice. The Federal Tort Claims Act (FTCA) allows you to pursue the government to recover compensation, though there are strict rules governing the legal process.
You put your rights at risk through errors and omissions, so trust our team at Bertling Law Group to handle an FTCA claim on your behalf. We have extensive experience representing veterans and active duty military, backed by in-depth knowledge of the relevant laws. Please contact our firm to schedule a no-cost consultation with a Honolulu veterans medical malpractice attorney today. An overview of the key legal concepts is also informative.
Summary of Key FTCA Provisions
Though the details of each case vary, there are certain elements you must prove to succeed with an FTCA claim. You must have evidence showing that a VA employee was acting within the scope of official duties as a physician, nurse, surgeon, pharmacist, or other provider. You also need to prove that you suffered harm because this individual or facility was negligent in delivering care. Some of the most common forms of negligence in a veterans medical malpractice claim include:
- Misdiagnosis, through false or delayed diagnosis;
- Failure to diagnose cancer;
- Not providing proper treatment through prenatal care and delivery, leading to birth injuries;
- Surgical errors;
- Medication mistakes;
- Neglect with providing essential care and medical support to prevent suicide; and
- Failing to prevent infection and sepsis, often resulting from unsanitary devices and not washing hands.
Compensation in Veterans Medical Malpractice Cases
Under FTCA, you may be eligible to recover damages for your medical bills, pain and suffering, emotional anguish, and other losses. The legal process starts by filing a VA malpractice claim and going through the administrative process. Settlement may be possible, but you would need to file a lawsuit in federal court to get reasonable compensation. Our Honolulu veterans medical malpractice attorneys at Bertling Law Group will serve your legal needs by:
- Collecting proof of medical negligence by VA providers;
- Evaluating your medical records;
- Preparing essential forms to file a VA med mal claim, along with supporting documentation;
- Negotiating settlement, as part of the process of exhausting administrative remedies;
- Filing a lawsuit in federal court; and
- Advocating on your behalf during the litigation process.
A Honolulu Veterans Medical Malpractice Lawyer Will Explain Details
As you can see, there can be numerous challenges and complications with seeking remedies under FTCA. When you retain skilled legal representation, you can feel confident your rights are protected. For additional information on the legal process, please contact Bertling Law Group. You can set up a free consultation by calling 844-295-7558 or visiting us online. Once we learn more about your story, we can discuss strategy.
