Navigating Medical Malpractice at VA Hospitals: Your Guide to Seeking Recompense

Nothing is worse than adding insult to injury, which, sadly, is what dealing with the Veterans Affairs (VA) office often entails for many returning service veterans. Besides dealing with the bureaucracy, it’s also possible to watch their disabilities worsen after receiving VA hospital treatment. While this isn’t the case all the time, it’s always possible for mistakes to occur, making a debilitating illness or injury even more severe.

What can you do if your health deteriorates while under the care of the VA?

Is it Medical Malpractice?

Fortunately, most medical staff in VA-run hospitals do a terrific job treating patients. However, like any other place, there’s always some small potential for medical malpractice. This refers to whenever a doctor, clinic, hospital, or other healthcare provider causes an injury because of neglect or omission.

While this a somewhat nuanced legal topic, there are countless examples of this in either VA or civilian healthcare facilities.

• Medication Errors
• Diagnosis Failures
• ER errors
• Nursing Home Negligence
• Surgical Errors
• . . . and several others.

What Can You Do to Counter Malpractice?

Of course, medical malpractice is against the law and entitles the victim to financial recompense. How would this work for veterans, though?

The process for filing a malpractice claim against the VA is similar to other claims, but involves a few logistical differences.

1. You would file your claim pursuant to the Federal Tort Claims Act (FTCA). This holds that the federal government is a self-insured institution, and just as liable to negligent or acts of omission in its medical facilities as any private practice.
2. Claims are investigated by the Office of General Counsel (OGC).
3. The OGC will decide whether to settle your VA claim, or deny it.
4. You can ask the OGC to review a denial. If you’ve reached two claim denials, the next avenue for recourse would involve filing a medical malpractice lawsuit against the federal government.

Don’t Pursue a Case Like This Alone

There are roughly 1,500 malpractice claims against the VA each year, so it’s not just a fluke occurrence. If you believe your disabilities or other illnesses have gotten worse in a VA hospital (from possible negligence), then it may be time to consider filing a claim. This is not something you have to endure without assistance.

The experienced attorneys at Veterans Affairs Law are always happy to help you obtain recompense after serious medical malpractice, neglect, or poor treatment. If you need qualified counsel to pursue a case like this, then don’t hesitate to reach out to us by calling 941-552-6677.