V.A. Med. Mal.
Veteran's Administration Malpractice
The government will pay for the harm it does, but, you have to do more than ask.
A study by the Harvard School of Public Health of hospital records revealed that medical mistakes kill more than one hundred thousand people a year and injure at least million more. This is based on the average mistake rate of one per two hundred patients. More studies followed. The National Institute of Medicine, a division of the National Academy of Sciences, found that medical mistakes in hospitals killed no less than 44,000 people per year and perhaps as many as 78,000. Less than 10% of these mistakes ever made it to the light of a courtroom. It is doubtful that the V.A. hospitals are safer than the private hospitals studied. This is true even though these studies have prompted the V.A. to make some much needed changes to protect patients from mistakes.
If a medical mistake in a VA hospital is bad enough to be malpractice, Congress has provided a remedy, the Federal Tort Claims Act. This Act also covers dependents of active duty personnel who suffered from medical malpractice by military health care workers and doctors.
Under the Act, you must convince either a claims examiner or a federal judge of the malpractice. Not every bad result is malpractice. To be malpractice, the mistake must fall below the minimum care expected and cause harm. For example, known side effects of drugs may not be malpractice but giving the wrong medicine would be if it causes harm.
To make a claim under the Federal Tort Claims Act, you first give notice to the hospital that harmed you. You must do this within two years of the injury. This two year limit is pretty final. It is not two years from the time you find out; it is two years, period. There are very few exceptions. If you think you have a claim, move quickly.
We are dealing with the government so there is a form to fill out. If you want to do this yourself, we will fax you a copy of the form. A lawyer is not required at this stage but it would be safer to check with one if you have time. If you do not have time, file the claim to preserve your options. If you cannot get a form and you have no time, file anything in writing that defines what happened; when; where; the harm caused; and the compensation you expect. Do something. Do not let the statute lapse. If you have time, call a lawyer.
After filing, the government then has at least six months to act on your claim. The two year limitation period stops running while it examines the claim, then starts again if they turn it down. You have at least six months after a denial to file the federal law suit. For this you do need a lawyer.
If the government makes an offer that you take, the case ends there. You sign a release that blocks future suits. You will be stopped even if you discover more harms from the same mistake later or if you overlooked something. You might want to have a lawyer review the settlement offer before you accept it.
If the case turns into a lawsuit, your will not be able to sue any particular doctor or nurse. They cannot be sued at all. It is a suit against the federal government directly through the process it created to remedy wrongs its people have done. The trial, if the case is not settled, is before a judge without a jury.
If we can help you, call us at 1-800-748-9673 or e-mail at dennis@dennisharmon.com or go to the "Contact Us" button. If not us, call your family lawyer but call someone today to help you with this so the statute of limitations does not pass.
If you have been harmed by a medical mistake that may be malpractice, start work today--now--to research and find out your options.
The Federal Tort Claims Act
The FTCA applies to many situations. Its coverage goes beyond medical malpractice in base hosptals or in V.A. Centers. It covers automobile accidents and the other cases where you might make a claim for insurance. For example, I had a case where DEA agents drove from a stake-out only to hit my client broadside in his car. The FTCA applied to that situation.
The procedure is the same for all cases: 1) file the claim within two years; 2) wait for the government to deny or make an offer; 3) accept the offer or file the lawsuit.
The government is protected by law from many lawsuits but for the areas where the government lets itself be sued, the FTCA often applies.
The statute of limitaions is two years for all cases. Do something today if you have a claim. Check with us or your family lawyer. Get the forms. File the forms. Just don't let that statute lapse.
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