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Who Should be Sued/Named in a VA Medical Malpractice Claim?

The Short and Safest Answer is to Name All Possible Defendants

As with any medical malpractice claim, it is important to identify each and every possible negligent medical provider. This may be a mix of private, state/local, and VA medical providers. Each must be dealt with appropriately.

The use of outside medical providers is very common. This is particularly true of specialists and specialized services. The important point is to understand that each and every medical provider that has acted negligently and thereby caused harm must be identified and named in the lawsuit.

The VA Claim Itself Must Name the United States of America as the Defendant

In cases against the VA, once past the administrative stage, the federal court lawsuit must name the United States in addition to the other defendants.

This is simply a weird but serious requirement under the Federal Tort Claims Act which requires that all suits against federal governmental agencies such as the VA be brought against the United States.

Seek Experienced Counsel in the State in Which the Medical Malpractice Occurred

VA medical malpractice claims are governed by both state and federal law.  It is essential to obtain an attorney experienced in both in the state where the negligence occurred.  This is especially important in light of the fact that states have widely varying laws governing medical malpractice claims

For cases occurring in New Mexico, Collins & Collins, P.C. can be reached at (505) 242-5958.