Tough Medical Malpractice VA Disability Lawyer San Antonio, TX
American veterans have sacrificed to protect our country. Through their service, they’ve earned the support of the Department of Veteran Affairs (VA), especially when medical issues arise. Unfortunately, VA hospitals are often understaffed and occasionally make mistakes when treating patients.
Under the Federal Tort Claims Act (FTCA), veterans are entitled to sue the federal government for medical malpractice committed by VA doctors or VA hospitals. However, this process is not the same as a typical medical malpractice suit. As such, it requires a specific kind of medical malpractice VA disability lawyer.
Our attorneys at Glover Luck LLP have worked with veterans for years and have a comprehensive understanding of veteran victim’s rights when it comes to medical negligence or malpractice. Our San Antonio, TX medical malpractice VA disability lawyer can help you recover damages for pain and suffering.
What Is VA Medical Malpractice?
If you’ve been treated for service-related injuries in a VA hospital or by VA doctors, or you’re the spouse or dependent of a someone who was victim of wrongful death, you may have medical malpractice recourse. Veterans, or their legal representatives, may file a claim under the FTCA with the VA.
Malpractice may happen in many forms, including:
- Misdiagnosis
- Treatment delays
- Procedures done on the wrong body parts
- Dangerously poorly performed operations
- Disease incurred from VA hospital visits
Unlike typical medical malpractice claims, VA claims must be filed first with the VA itself. These claims are exceedingly complicated and require extensive documentation.
That’s why it’s so important to trust our medical malpractice VA disability lawyers if you’ve been the victim of VA malpractice. You need the experience to navigate this complex process and give yourself the best opportunity to recover damages. If the VA refuses to settle the claim, offers an unacceptable settlement amount, or simply ignores the claim for six months, you are entitled to fight for your claim in court. For this, you will need an experienced VA medical malpractice attorney.
Types Of Damages
Victims of VA medical malpractice may be entitled to three types of damages:
- Economic damages: Medical bills, lost wages, and similar substantiated losses.
- Non-economic damages: Pain and suffering, disability, disfigurement, emotional distress, and other qualify of life issues.
- Future damages: Future lost income if you cannot work or cannot work at your previous level of employment.
Since the FTCA does not permit punitive damages, it’s imperative to specify and substantiate all damages claims, which is another area where our medical malpractice VA disability lawyers can help.
Contact Our Medical Malpractice VA Disability Lawyer San Antonio, TX
Suing the federal government for damages is no small task. Moreover, the FTCA issues a strict statute of limitations, meaning you must file a claim against the VA within two years of the injury date, or the date you became aware of the injury.
If you’ve been a victim of VA medical malpractice, it’s imperative that you work with our experienced attorneys at Glover Luck LLP. Contact our San Antonio, TX medical malpractice VA disability lawyer today to forge a path forward.
What To Do If Medical Malpractice Has Occurred With The VA
Receiving care through the VA should feel like a reliable step toward recovery. When that care leads to injury or worsening health due to medical error, it becomes more than frustrating—it becomes a legal issue. If you believe medical malpractice occurred at a VA facility, there are certain steps we need to take to protect our rights and begin the process of seeking compensation. A San Antonio medical malpractice VA disability lawyer will be of assisance to you from our firm.
Recognizing The Signs Of Malpractice
Medical malpractice at a VA facility can take many forms. It may involve a misdiagnosis, delayed treatment, surgical error, prescription mistake, or failure to follow proper medical procedures. If our condition worsens after receiving treatment—or if we experience new symptoms that were not explained by the original diagnosis—it’s worth taking a closer look.
We should also take note of how the issue developed. Was there a clear mistake in care? Did staff ignore signs or fail to act on time? When these questions point to negligent treatment, it may be time to move forward with a legal claim.
Starting With A Federal Administrative Claim
Claims involving VA malpractice must go through a federal process under the Federal Tort Claims Act (FTCA). The first step is to file an administrative claim using Standard Form 95. This form includes the details of the malpractice, the injury caused, and the amount of compensation we’re seeking. It’s important to be thorough when completing this form and to include medical records and documentation that support the claim.
Once the VA receives the claim, they have six months to respond. They may choose to offer a settlement, deny the claim, or fail to respond at all. If a settlement is not reached or no decision is made during that time, we then have the right to file a lawsuit in federal court.
How The Evidence Supports The Case
To prove malpractice, we need to show that the VA provider failed to meet the standard of care and that this failure caused actual harm. This means gathering medical records, getting second opinions, and documenting how the injury has impacted our daily life. Statements from family members, employers, or additional healthcare providers can also support the claim.
This part of the process is where many veterans benefit from working with an attorney. The paperwork, deadlines, and standards for evidence can be difficult to manage without legal guidance.
Filing A Related VA Disability Claim
A malpractice injury may also qualify for VA disability benefits. These benefits are different from an FTCA claim and must be filed separately through the VA disability process. If the injury from malpractice results in long-term health issues, it could be rated as a service-connected disability.
A knowledgeable San Antonio medical malpractice VA disability lawyer can help manage both sides of this situation. Attorneys familiar with VA malpractice and disability claims can explain how they work together and help avoid delays or missed steps.
Working With The Right Legal Support
At Glover Luck LLP, we’ve worked with veterans who faced unexpected harm due to VA care. Our firm understands the importance of holding the VA accountable and helping veterans move forward with strength and clarity.
If you believe you’ve suffered from VA medical malpractice, now is the time to take action. A trusted San Antonio medical malpractice VA disability lawyer can review your case, prepare the required documents, and help you take the next step.
