×

Guide to VA Medical Malpractice Claims

This Guide is a basic overview of veterans and families rights to seek full and fair compensation of injuries suffered as a result of medical negligence in their care at the VA.

The pages that follow are drawn from the Pocket Guide to VA Medical Malpractice Claims which is available in pdf or Kindle format.

Many Misconceptions Around VA Medical Malpractice  Claims

Veterans and families harmed by medical negligence while in the care of the VA medical system often do not know their rights or how to protect them if they do know.  There are many misconceptions such as the surprisingly common belief that they have no recourse and in fact cannot file a claim at all.  Others arise because of the byzantine nature of the VA on the whole which leads to doing nothing at all.  Then there is the belief that the only recourse is through the VA Administration along the lines of disability claims.  There are others as well.

You Do Have a Right to File a Medical Malpractice Claims against the VA

You have a right to sue.  There are many rules that apply so you must understand and abide by those rules to avoid forfeiture of your rights.
 First and foremost, it should be understood that if a veteran or one his or her family members is harmed by VA medical malpractice, there is a right to both file a claim with the VA and to then file a lawsuit if the matter is not resolved directly through the VA.

There are many laws, rules and deadlines associated filing a claims against the VA.  There are in fact overlapping state and federal laws governing these types of claims.  This can be quite confusing for veterans and families.  On the other hand, the same holds true in any medical malpractice claim.  There are simply rules that must be followed no matter who the claim is against.  The only real complicating factor with VA medical malpractice claims is the fact that these are governed by the Federal Tort Claims Act.  There are in fact both advantages and disadvantages to the Federal Tort Claims Act.  Is important to understand and plan accordingly.

Do Not Go this one Alone!

The fact is in cases involving serious injury or death, an experienced medical malpractice attorney is highly advisable.  Doing a VA medical malpractice claim or any other medical malpractice claim without the assistance of an attorney would likely end in a very poor outcome.

The guide will walk you through much of this in a generalized manner.  From there, it is important to seek the guidance of an attorney to walk you through the process to its conclusion.

Collins & Collins, P.C. can be reached at (505) 242-5958.