what type of attorney do i need to sue the veterans affair hospital phoenix

by Prof. Donnie Gorczany Sr. 3 min read

Should you hire a Veterans Affairs medical malpractice lawyer?

Mar 17, 2022 · Guide to Sue the VA. Before you can sue the VA, you must present an administrative claim within 2 years of the date of negligence to the appropriate federal agency before filing suit. The VA must be given at least six months to conduct an investigation before suit can be filed in federal court.

How do I file a Veterans Affairs medical malpractice lawsuit?

Sep 25, 2013 · The Standard Form 95 is typically served upon the attorneys for the Department of Veterans Affairs in the region where the incident occurred. If you live in California, you will need to locate the counsel's office for the Department of Veterans Affairs in your region.

How do I sue the Department of Veterans Affairs?

Jun 05, 2017 · No money is needed upfront: Your Veterans Affairs medical malpractice lawyer will never ask for money upfront. Many medical malpractice victims do not have the money to pay a lawyer upfront and that’s okay. You only pay if you win: Your Veterans Affairs medical malpractice lawyer will only obtain a fee if your claim is successful. If you do not obtain a settlement, you …

Can I sue a VA hospital for malpractice?

All VA health care facilities, including the Phoenix VA Health Care system, now provide same-day services in primary and mental health for Veterans who …

How to sue a VA hospital?

When you have been injured at a Veterans Administration Hospital, you have the right to sue the United States of America under a federal law called the Federal Tort Claims Act ("FTCA").

What is the law that protects veterans from being injured?

When you have been injured at a Veterans Administration Hospital, you have the right to sue the United States of America under a federal law called the Federal Tort Claims Act ("FTCA").

How long do you have to file a medical malpractice claim?

Under the Federal Tort Claims Act, you must file a "notice of claim" known as the Standard Form 95 within two years from the date of the medical malpractice. If you do not file the Standard Form 95 within two years from the date of the incident, you will forever lose your rights to sue.

What to do after VA commits malpractice?

What to do after the VA commits medical malpractice. Document your injuries: If you can, take pictures of the injuries you believe are from Veterans Affairs medical malpractice . Pictures of your injuries can be powerful and they can help prove your VA medical malpractice lawsuit. Get your medical records: You can request your medical records ...

What to expect when hiring a VA malpractice lawyer?

If you hire a Veterans Affairs medical malpractice lawyer, it is likely that they will work with medical experts. These medical experts may review your medical documents and write reports detailing how the VA committed medical malpractice. Law is all about providing evidence.

What is the evidence requirement for VA 1151?

Evidence requirements for Section 1151 VA disability claims: As a result of VA hospitalization, medical or surgical treatment, examination, or training, the evidence must show you have: An additional disability or disabilities, OR. An aggravation of an existing injury or disease, AND. The disability was :

What is VA disability?

An aggravation of an existing injury or disease, AND. The disability was: The direct result of VA fault such as carelessness, negligence, lack of proper skill, or error in judgment, OR. Not a reasonably expected result or complication of the VA care or treatment OR.

Can a second opinion help with a VA claim?

Generally, your Veterans Affairs medical malpractice lawyer will work closely with a doctor outside the VA to provide medical reports detailing how the VA’s negligence caused or made your injuries worse .

Can you get 1151 for medical malpractice?

Veterans who were injured by VA medical malpractice may be eligible for Section 1151 veterans benefits . Your injuries from VA medical malpractice will receive a VA disability rating just like service-connected injuries. If your injuries from VA medical malpractice prevent you from working, you may be eligible for Total Disability Individual Unemployability benefits.

Can a VA malpractice claim be filed against a veteran?

Unfortunately, the VA medical malpractice laws do not favor veterans enough. VA medical malpractice claims are generally only filed if there were significant injuries or serious negligence. For a Veterans Affairs medical malpractice lawyer to file a claim, there must actually be an injury that that happened through: Carelessness.

How much did VA pay for malpractice?

In the last decade, Veterans Affairs (VA) hospitals have paid over $200 million to resolve 1,000 lawsuits involving malpractice. If you or your family member is a veteran who received poor medical care or suffered an injury at the hands of a negligent doctor, you may be entitled to compensation.

Who was the Navy veteran who had blood in his urine?

Slipped Through the Cracks. In one example, 71 year-old Navy veteran Thomas Breen visited the Phoenix VA hospital in September 2013 complaining of blood in his urine. Breen had a history of cancer, and the emergency physician recommended an “urgent” appointment with a urologist within the week. Breen was sent home.

How many veterans died in 2014?

April 2014 — At least 40 American veterans died while waiting for treatment at the Phoenix VA hospital. According to CNN, they were placed on a “secret wait list” to avoid scrutiny by officials in Washington.

How long does it take for VA to provide care?

Nationally, VA hospitals are supposed to provide care within 14-30 days. Investigators found over 7,000 veterans on backlog lists at just a few hospitals, including some who died while frantically seeking appointments.

Can you sue a VA hospital?

Lawsuits against a VA hospital are not like traditional medical malpractice claims. You cannot directly sue the hospital — instead, you must file an administrative claim and follow procedures of the Federal Tort Claims Act (FTCA).

How to file a lawsuit against the VA?

If the agency refuses, makes no response, or offers a settlement that is unacceptable, then a lawsuit can be filed. To file a lawsuit, you must complete a Standard Form 95 and submit it to your local courthouse.

What damages can you get for medical malpractice?

These damages include: Economic Damages: Provides compensation for medical expenses, lost wages, anticipated medical costs, etc.

Did Iowa hire a doctor with a troubled history?

An Iowa VA hospital hired a doctor with a “troubled history” including more than two dozen malpractice claims. This doctor also received numerous complaints at the VA hospital over a span of time. Some of the doctors hired by VA hospitals were hired illegally.

Can VA hospitals hire doctors?

Some of the doctors hired by VA hospitals were hired illegally. Under Federal U.S. laws, the Department of Veterans Affairs cannot hire providers whose medical license has been revoked. VA hospitals have been found to hire doctors who may not be able to obtain their own malpractice insurance.

Can a VA hospital be sued?

VA hospitals cannot be sued for willful torts that are committed by government employees. Lawsuits against VA hospitals cannot pursue punitive damages. The provisions of the FTCA must be considered in accordance with applicable state laws.

Can you sue a spouse under the Feres doctrine?

The Feres Doctrine may not apply to a spouse or dependent. Location: If the injury occurred outside the U.S., then the FTCA does not apply. There may be other areas of law that allow you to pursue a claim, but you cannot sue under the FTCA. The limitations that apply to your case may vary.

What happens if you are injured in a VA medical center out of the country?

What happens if you're injured in a VA medical center out of the country? You can't file a claim under the FTCA for injures that occur in foreign countries. However, you can file a claim under the Military Claims Act. This act will protect you from negligence in other countries. However, the main difference is that you have no right to file a lawsuit if your claim is denied.

What is the role of the VA in the care of veterans?

Many veterans receive medical care by the Department of Veterans Affairs (VA). The VA has a responsibility to provide satisfactory care. Negligence on the part of VA hospitals and doctors can lead to injury or even death.

How long does it take for the VA to review a claim?

Once the VA receives your claim, it will review it on its merits. The VA has up to six months to examine your claim. If everything works out, the VA will grant you compensation for your injuries. If the VA denies compensation or doesn't decide within six months, you can file a lawsuit in federal court.

Can you go to court for medical malpractice?

Filing a Claim for Medical Malpractice. You can't just go straight to court if you believe a VA medical center committed malpractice. You must file a claim with the VA according to the FTCA. Include facts that support your position. Also, demand a specific amount of money from the VA for compensation.

Can you be barred from a jury trial under the FTCA?

You'll be barred forever from making a claim for your injury if you miss this deadline. You aren't entitled to a jury trial under the FTCA. Only the judge examines the evidence and makes a decision. The great advantage of this is that your trial process should be much quicker.