Veterans have access to high-quality medical care through the Department of Veterans Affairs and trust that when they need treatment or rehabilitative services, they will be healed, not harmed. Unfortunately, many veterans are victims of medical malpractice in VA hospitals and healthcare facilities. If you have been misdiagnosed or otherwise did not receive proper medical care, you may have grounds to file a medical malpractice suit against the at-fault medical care provider or facility in which you received treatment.
Our Fort Worth, TX, medical malpractice VA disability lawyer can help you learn about your legal options and avenues for receiving compensation for your losses. Doctors, nurses, and other healthcare providers who fail to provide appropriate levels of care for ill or injured veterans should be held accountable—and we can help you speak up and get justice. Contact Glover Luck LLP today for a free consultation.
Have You Been A Victim Of VA Medical Malpractice?
Medical malpractice is a broad umbrella that covers many types of medical errors. Determining whether a medical error is simply that – an honest mistake – or a failure of the healthcare provider to meet the standard level of care expected for their profession can be a little tricky. The insight of a skilled medical malpractice can help you understand what happens and what legal recourse you have.
Some common grounds for a medical malpractice claim include:
- Infection due to an unsanitary facility or poor cleanliness and sanitation practices by healthcare workers
- Mismanagement of chronic medical condition
- Failure to obtain information consent for procedure (also referred to as medical battery)
- Medication errors, including being prescribed the wrong medication, failure to consider dangerous drug interactions, or being given the wrong medication or wrong dosage
- Surgical mistakes, including leaving an item inside the patient or wrong-site surgery
- Misdiagnosis, such as failing to diagnose a chronic condition (ex, heart disease, COPD) or an incorrect diagnosis
These may not be the only instances of medical malpractice. For a medical mistake to reach the threshold of malpractice, it must be established that the care provider deviated from the standard level of care expected or failed to deliver the standard level of care for an occasion. An attorney can evaluate your situation, including having a medical expert review your situation and advise you of your eligibility for a malpractice settlement.
How Can A Fort Worth Medical Malpractice VA Disability Lawyer Help Me?
Filing a claim for medical malpractice when a VA treatment facility or VA healthcare provider is involved is different from a standard malpractice claim. There are legal considerations that your attorney must consider.
Specifically, patients who suffer malpractice are covered by the Federal Tort Claims Act (FTCA). It permits injured patients to file a suit against the federal government if the government (VA) or military doctors fail to deliver the accepted standard level of care. If you suffer a decline in health or further injury or illness, then you may have been a victim of medical malpractice.
Helping You File A Claim Under The Federal Tort Claims Act
The legal team at Glover Luck LLP has the specific knowledge and experience with the FTCA necessary to construct a strong claim for medical malpractice against a VA healthcare facility or medical care provider. We understand the differences in filing and Rules of Evidence between the FTCA and civil medical malpractice claims and provide personalized advice to pursue full and fair compensation for your damages. Contact us today for a free consultation with a skilled Fort Worth medical malpractice VA disability lawyer.
Understanding Compensation For VA Medical Malpractice
Our Fort Worth, TX medical malpractice VA disability lawyer knows that when a veteran experiences medical malpractice while receiving treatment through the VA, it can have serious and lasting effects on their health and well-being. Fortunately, veterans who suffer harm due to negligence or substandard care can seek various forms of compensation. Understanding the types of compensation available is crucial for ensuring that veterans receive the support and justice they deserve.
Medical Expenses
One of the primary forms of compensation for VA medical malpractice is coverage for medical expenses. This includes reimbursement for past and future medical costs related to the malpractice incident. Veterans can seek compensation for hospital stays, surgeries, medications, rehabilitation, and any other medical treatments necessary to address the harm caused by malpractice. This financial support is essential for veterans to receive the comprehensive care they need to recover and manage their health.
Lost Wages And Earning Capacity
Our Fort Worth medical malpractice VA disability lawyer knows that medical malpractice can significantly impact a veteran’s ability to work and earn a living. Compensation for lost wages addresses the income veterans may have lost due to time off work for recovery and treatment. Additionally, if the malpractice results in long-term or permanent disability, veterans can seek compensation for lost earning capacity. This form of compensation considers the potential future income the veteran would have earned if not for the malpractice, providing financial stability for those unable to return to work or maintain the same level of employment.
Pain And Suffering
The physical and emotional toll of medical malpractice cannot be overstated. Veterans may endure significant pain, suffering, and a diminished quality of life due to the negligence they experienced. Compensation for pain and suffering aims to address the non-economic damages associated with malpractice. This includes compensation for physical pain, emotional distress, mental anguish, and the overall impact on the veteran’s daily life. While monetary compensation cannot undo the harm suffered, it acknowledges the profound effect malpractice has on a veteran’s well-being.
Loss Of Consortium
In cases where medical malpractice affects the veteran’s relationships with their spouse or family, compensation for loss of consortium may be available. This type of compensation addresses the loss of companionship, support, and intimacy that can result from the veteran’s injuries. It recognizes the broader impact of malpractice on the veteran’s family life and aims to provide some measure of justice for the suffering endured by the veteran’s loved ones.
How To Pursue A Medical Malpractice Claim
Pursuing a medical malpractice claim against the VA involves a specific process and adherence to strict deadlines. Veterans must first file an administrative claim with the VA using Standard Form 95, detailing the malpractice incident and the compensation sought. The VA has six months to respond to the claim. If the claim is denied or the settlement offer is unsatisfactory, veterans can then file a lawsuit under the FTCA. It’s important to gather thorough documentation, including medical records, expert opinions, and any evidence supporting the claim, to build a strong case.
How Our Team Can Assist
Navigating the complexities of a VA medical malpractice claim can be daunting, but you don’t have to do it alone. At Glover Luck LLP, we are committed to helping veterans seek the compensation they deserve for the harm they’ve suffered. Our experienced team understands the intricacies of the VA system and is dedicated to providing the personalized support you need. Reach out to our Fort Worth medical malpractice VA disability lawyer today to learn how we can assist you in pursuing a medical malpractice claim.
If you need assistance appealing your service-connected disability claim, please contact our veterans law office for a free consultation at 866-849-3287 or 214-741-2005. We are based in Dallas, Texas, and represent veterans all over the United States.