Military Medical Malpractice (VA Hospitals)

Many current and former members of the U.S. armed services receive medical care at VA hospitals. If you or a loved one has suffered a serious injury due to military medical malpractice at a VA hospital, we can help. At Arfaa Law Group, our diligent Baltimore medical malpractice attorneys are committed to helping our clients assert their right to all of the compensation that they need to move forward with their lives. Malpractice claims against VA hospitals can be complicated because of the procedures involved, and having a knowledgeable attorney on your side can make a critical difference in your case.

The United States Department of Veteran Affairs (VA) provides care to more than 5 million veterans each year in over 1,000 facilities across the country. It is one of the largest health care systems in the United States. Sadly, medical malpractice clams at VA hospitals are relatively common. In fact, the VA pays out an average of $100 million on an annual basis to settle in excess of 3,000 medical malpractice claims. Some of these cases arise from situations such as:

• Missed diagnosis or failure to diagnose;
• Surgical mistakes;
• Medication errors;
• Hospital-based infections;
• Anesthesia mistakes;
• Dental errors or infections;
• Not treating an ailment properly; or
• Insufficient patient monitoring.

Medical malpractice can lead to serious, debilitating, and even fatal injuries. Veterans who receive deficient care from the VA may legally be entitled to file a medical malpractice claim against the entity. Veterans who suffer from military medical malpractice have two options in Maryland. First, they may file a Federal Tort Claims Act (FTCA) claim with the VA’s Region 3 legal counsel in Baltimore. Second, the veteran may also file a Section 1151 Claim with the VA’s District 3 Regional Office. You should be aware that a Section 1151 Claim is an administrative claim that is resolved directly by the VA, while the FTCA claim could lead to a malpractice lawsuit.

FTCA claims allow victims of medical malpractice to seek compensation for their harm. The FTCA requires medical malpractice claims to be filed by submitting a Standard Form 95: Claim for Damage, Injury or Death to the VA’s local regional counsel office where the alleged malpractice occurred. These claims must be filed within two years from the date of the medical injury or when the injury was discovered. The paperwork and procedural requirements for these forms are very strict, so you should retain a skilled attorney who can make sure that all of the details are addressed.

A victim of medical malpractice typically waits six months for the government to send them a formal reply. If the VA denies the medical malpractice claim, if the claimant rejects the settlement offer from the VA, or if the government has not responded within six months of filing the claim, the veteran may file a medical malpractice lawsuit in federal court.

It is important to note that in each military medical malpractice case, the injured veteran would need to establish how the medical injury took place. In other words, the plaintiff would need to provide evidence and expert testimony showing that the VA hospital’s care or treatment deviated from how a VA hospital providing competent care would have acted in the same situation, and that deviation was a direct cause of the injury.

Dealing with any type of medical injury can be painful and extremely stressful as well. If you or someone close to you has suffered complications due to a surgical error or another form of medical negligence on the part of someone at a VA hospital, we can assist. At Arfaa Law Group, our medical malpractice attorneys are committed to holding negligent medical professionals accountable for the harm that they cause. We can guide injured veterans and their loved ones through the legal process and help them pursue all of the compensation that they need for their medical bills and other losses. We represent people throughout the State of Maryland. To talk to us in more detail, feel free to call 410-889-1850 or reach us through our website.