Experienced Medical Malpractice Attorney Advocating for Veterans Who Suffer Injuries Resulting from Negligence
In return for honorably serving your country, you should expect to receive quality health care from VA hospitals and clinics. You deserve to be compensated if, instead, the VA injures you.
Bertling Law Group can help you access all available resources for compensation. Our medical malpractice lawyer spent three decades defending hospitals, nurses and doctors accused of wrongdoing, helping to spare insurance companies millions of dollars in unsubstantiated damages. We now use that insight to help injured VA patients recover the damages to which they are entitled.
Federal Tort Claims Act permits you to recover from the VA
The Federal Tort Claims Act permits private parties to sue the United States for personal injuries its employees cause. To file a valid FTCA claim, you must prove the following:
That a Veterans Affairs employee injured you.
That the VA employee acted within the scope of her or his official duties.
That the VA employee acted negligently or wrongfully.
That the VA employee’s negligent or wrongful act was the proximate cause of your injury.
You may file an FTCA claim against any employee of the VA, including doctors, nurses, physical therapists, pharmacists, psychologists or any other health care provider employed by the VA who were engaged in job duties when they injured you. You may seek damages for pain and suffering in addition to coverage of medical bills and lost wages.
Section 1151 benefits cover your disabilities
U.S. Code Title 38 Section 1151 governs disability benefits available to veterans injured at a VA facility. This law in essence treats the injury as military service-related.
Applying for Section 1151 benefits is typically a faster process than suing the government under FTCA. However, you are limited to compensation for errors arising out of medical care that result in disabilities. You may apply for Section 1151 benefits simultaneously to your FTCA claim. Your benefits and recovery may be reduced to avoid overlapping payments, but our lawyer can often avoid offset.
Along with your application, you must submit evidence that supports your claim. The agency reviews your claim in the light most favorable to you. You cannot simply show that you were injured at the hospital; you must also show that the VA failed to exercise reasonable care.
Similar to a medical malpractice claim, you must prove causation, and that the injury would not have occurred but for the mistakes made by the VA. For injuries that happened at a vocational facilities or VA compensated work therapy (CWT) program, you must only show that the facility caused your injury—a slightly lesser standard. If you are already receiving veterans’ benefits for a disability and the care at the VA exacerbated your condition, you may qualify for an increase in your benefits.
Common medical malpractice claims
A wide range of injuries may be inflicted by a negligent military doctor. Some common types of medical negligence include the following:
Recover benefits and damages for your VA medical malpractice claim
Bertling Law Group helps veterans recover rightful compensation for injuries caused by the VA. Learn more about applying for Section 1151 benefits and filing a FTCA lawsuit. Your first consultation with our Santa Barbara veterans’ injuries attorney at Bertling Law Group is free and our firm takes all personal injury cases on contingency basis, meaning you owe us nothing unless we collect compensation on your case. Contact us at 844-295-7558.