What is VA Medical Malpractice?
VA medical malpractice refers to situations where a healthcare professional from Veterans Affairs deviates from the acceptable standard of care, resulting in harm or injury to a patient.
Here are some common examples of medical malpractice:
- Misdiagnosis/Delayed to Diagnosis
- Failure to Treat
- Medical Errors
- Surgical Errors
- Anesthesia Errors
- Emergency Room Errors
If you believe your VA doctor committed one of these errors or another form of malpractice, get in touch with our National VA medical malpractice attorney today!
What is the Process of a VA Medical Malpractice Claim?
If you are planning on filing a medical malpractice lawsuit against the VA, it may be helpful to understand what the process could look like.
- Gather information: Collect all relevant medical records, test results, and documentation related to the incident or treatment in question. These documents will be crucial for evaluating your case.
- Consult an attorney: It's advisable to consult an experienced medical malpractice attorney who specializes in handling cases against the VA. They can assess the merits of your case, explain the legal process, and guide you through the necessary steps.
- Statute of limitations: Be aware of the statute of limitations for medical malpractice claims. This refers to the time limit within which a lawsuit must be filed. The statute of limitations for VA medical malpractice claims is two years.
- Administrative review: Before filing a lawsuit, you may need to complete an administrative review process within the VA system. This typically involves submitting a claim to the appropriate VA office, which will then conduct an investigation into the allegations.
- Expert opinion: In medical malpractice cases, expert testimony is often crucial to establish the standard of care and demonstrate how it was breached. Your attorney may consult with medical experts who can review your case and provide their professional opinion.
- Settlement or litigation: After the administrative review and gathering of evidence, you and your attorney will determine whether to pursue a settlement or file a lawsuit. This decision will depend on various factors, such as the strength of your case and the extent of the damages suffered.
- Compensation: If your case is successful, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages. The specific amount will depend on the details of your case and the applicable laws in your jurisdiction.
The above information is a general guideline for how a VA medical malpractice case may proceed, however, each case is unique and will have its own individual timeline based on the circumstances involved. The experienced VA malpractice attorney at Veterans Advocacy Law Group can provide you with more accurate information about your case during a consultation.
Compassionate Legal Representation for Veterans
At Veterans Advocacy Law Group, we understand the unique challenges that veterans face when navigating the legal system. Our team is dedicated to providing compassionate and knowledgeable legal representation for veterans in Denver and the surrounding areas. Whether you are seeking assistance with VA disability claims, military discharge upgrades, or other legal matters, our experienced attorneys are here to help.
Why choose Veterans Advocacy Law Group?
- Specialized expertise in veterans' legal issues
- Personalized attention and support for each client
- Proven track record of successful case outcomes
- Deep understanding of military culture and experiences
- Committed to advocating for veterans' rights and benefits
If you are a veteran in need of legal assistance, contact Veterans Advocacy Law Group today for a consultation. We are proud to serve those who have served our country.
When to Contact a Veterans’ Medical Malpractice Lawyer?
With any legal matter, time is of the essence. Your attorney needs to begin investigating your case and collecting evidence as soon as possible. Additionally, VA medical malpractice claims have a time limit within which they must be filed, or the defending party may be able to request the case be dismissed. The statute of limitations for VA malpractice lawsuits is two years from the date the injury took place, or from when the malpractice should have been reasonably discovered.
Don’t let time lapse on securing the justice you or your loved one deserves. Call our VA medical malpractice lawyer today at (888) 680-9612 to schedule a consultation. Our Veteran-owned firm represents clients nationwide!
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