San Antonio Veterans Medical Malpractice Claims
For veterans who served our nation in any branch of the US military, one of the most important benefits is access to medical care from VA hospitals, clinics, and health care providers. Unfortunately, not all medical practitioners comply with their duty to deliver quality treatment, leading to serious injuries. If you suffered harm, it is reassuring to know that you can pursue compensation under a veterans medical malpractice claim. The Federal Tort Claims Act (FTCA) allows legal action against the federal government and establishes various requirements for recovering monetary damages. Because the legal process can be challenging, it is wise to rely on Bertling Law Group to ensure you receive fair compensation. We have decades of experience advocating on behalf of veterans and active duty military who sustain losses from negligent VA health care providers. Please contact our office today to schedule a free case evaluation. A San Antonio veterans medical malpractice lawyer can offer specifics, while a summary of the basics is also helpful.
Important Facts About FTCA
One of the most crucial points about seeking compensation for medical negligence is knowing what you have to prove. The essential elements of a VA malpractice case that you must establish are:
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You suffered injuries while receiving treatment from a VA medical professional, such as a physician, mental health professional, nurse, surgeon, or pharmacist.
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The individual was acting within official scope of duty in providing health care services;
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The VA doctor delivered care in violation of the applicable medical standard of care that applies to his or her specific field; and,
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The health care provider’s negligence was the direct cause of your injuries.
Medical negligence can occur at almost any point of care, so a veteran may suffer harm through:
- Medication mistakes;
- Negligent prenatal care;
- Mistakes with surgery;
- Negligence in administering anesthesia;
- Misdiagnosis, including failure to diagnose and delays in diagnosis; and,
- Failure to prevent suicide.
Damages Available in Veterans Medical Malpractice Claims
FTCA describes a very specific process for seeking compensation, and the first step is filing a claim with the VA. You must work with the government and attempt to settle your med mal case before filing a lawsuit under the rule of exhausting your administrative remedies. If unsuccessful, you can pursue litigation in federal court. Bertling Law Group will advocate on your behalf at all stages of the process. Our San Antonio veterans medical malpractice lawyers strive to recover amounts for:
- Economic damages, such as medical costs, lost wages, and out-of-pocket expenses related to treatment; and,
- Noneconomic damages, including pain and suffering, emotional distress, and other losses that impact your quality of life.
A San Antonio Veterans Medical Malpractice Attorney Will Advise You on Claims
It is a comfort to know that damages are available to veterans injured by VA health care providers, but you can see the importance of retaining skilled legal help. For more information, please call Bertling Law Group at 844-295-7558 or visit us online. We can schedule a no-cost consultation to explain how FTCA claims work.
