VA Negligence Lawsuit Lawyer
VA Hospital Negligence | VA Negligence Lawsuit | VA Negligence Lawyer | Veteran’s Affairs Negligence
In recent year, it’s become increasingly clear that the U.S. Department of Veterans Affair has, in far too many instances, failed to provide adequate healthcare to those who served our country. If you or a loved one were the victim of VA negligence, it may be appropriate to take legal action against the federal government. Federal law does allow veterans who were harmed by VA medical malpractice to recover damages, as long as it can be proven that the care provided fell below the standard required of all medical professionals and facilities.
As both an attorney and practicing physician, Dr. François Blaudeau possesses a unique understanding of the medical and legal questions at issue in VA negligence lawsuits. If the VA failed you or a loved one, please call Dr. Blaudeau to learn more about your legal rights today.
VA Negligence Claims
In 2012, VA medical malpractice payments reached a 12-year high, with the federal government paying out $91.7 million on more than 400 claims. According to Bloomberg.com, such payouts rose 28 percent that year from about $72 million in 2011. VA records indicate that U.S. taxpayers have spent at least $700 million to resolve claims filed against the veterans agency since 2001. Most disturbingly, the Bloomberg.com report noted that many other legitimate VA medical malpractice claims never get paid, often because veterans did not have access to the legal help they need to successfully pursue a case.
The Federal Tort Claims Act (FTCA) allows an injured veteran to bring an action to establish liability for the negligent conduct of government employees. Under the FTCA, medical malpractice claims can be brought against the VA for any number of negligent mistakes or errors, including:
- Surgical mistakes
- Medication errors
- Failure to diagnose cancer
- Failure to diagnose heart disease
- Delayed diagnosis
To proceed with a VA negligence claim, you must notify the appropriate VA Regional Counsel within two (2) years of the alleged negligent act via the submission of a Standard Form 95, Claim for Damage, Injury or Death. If the VA rejects this administrative claim, you are entitled to file a VA negligence lawsuit with a federal court within six months of the denial. However, because a federal court cannot award any more damages than what was sought in your original claim, it is vital that you consult an experience VA negligence lawyer prior to the filing of Form 95 to obtain an accurate accounting of your damages.
Legal Help for Victims of VA Negligence
Throughout his career, Dr. Blaudeau has worked hard to develop a strong reputation in healthcare litigation. His first-hand knowledge of medicine has made the Southern Institute for Medical and Legal Affairs an aggressive and effective advocate for those who were harmed due to negligent healthcare providers, including those employed by the VA. If your life has been devastated because of VA negligence, please contact the Southern Institute for Medical and Legal Affairs today to learn more about your legal rights. You can arrange for a free, no obligation VA negligence lawsuit review by filling out our online form, or by calling the office directly at 205-547-5525.