Medical Malpractice VA Disability Lawyer Fort Worth, TX

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.

Common Medical Malpractice Errors

Misdiagnosis Or Delayed Diagnosis

One of the most common medical errors that can lead to VA disability claims is misdiagnosis or delayed diagnosis. When a healthcare provider fails to correctly diagnose a condition, it can result in inappropriate or delayed treatment, which may worsen the veteran’s health. For instance, a missed diagnosis of a serious condition like cancer or heart disease can lead to advanced stages of the illness that are more difficult to treat. Veterans who experience such errors may suffer long-term consequences, leading them to file for VA disability benefits. If you’ve encountered this situation, a Fort Worth, TX Medical malpractice VA disability lawyer can assist in evaluating your case and determining the best way to proceed.

Surgical Errors

Surgical errors are another significant issue that can lead to VA disability claims. These errors can include operating on the wrong site, leaving surgical instruments inside the body, or causing unintended damage to organs or tissues during surgery. Such mistakes can result in severe complications, extended recovery times, and even permanent disability. Veterans who suffer from surgical errors may be entitled to VA disability benefits due to the lasting impact on their health and quality of life. A Fort Worth Medical malpractice VA disability lawyer can help you understand your rights and the potential for filing a claim if you’ve experienced a surgical error.

Medication Errors

Medication errors are also a common cause of VA disability claims. These errors can occur in various ways, such as prescribing the wrong medication, incorrect dosage, or failing to recognize harmful drug interactions. Medication errors can lead to serious health issues, including allergic reactions, overdose, or a lack of proper treatment for the veteran’s condition. Veterans who have been harmed by medication errors may be eligible for VA disability benefits to compensate for the damages they’ve suffered. Consulting with a lawyer can help determine if you have a valid claim based on a medication error.

Failure To Treat

Failure to treat is another type of medical error that can result in a VA disability claim. This occurs when a healthcare provider recognizes a condition but fails to take appropriate action to treat it. This can be due to oversight, miscommunication, or simply not following up on a known issue. When a condition is left untreated, it can worsen, leading to more severe health problems that could have been avoided with proper care. Veterans who have experienced a failure to treat may need to pursue VA disability benefits to address the long-term effects of the error.

Inadequate Post-Operative Care

Inadequate post-operative care is another medical error that can lead to VA disability claims. Proper care following surgery is crucial for recovery, and when healthcare providers fail to monitor or manage complications, it can lead to serious consequences. Infections, blood clots, and other post-surgical issues can arise if patients are not properly cared for after their procedures. Veterans who suffer from complications due to inadequate post-operative care may be entitled to VA disability benefits to help manage the resulting health issues.

Moving Forward With Legal Assistance

If you believe you’ve been affected by any of these common medical errors while receiving VA healthcare, it’s important to explore your legal options. A Fort Worth Medical malpractice VA disability lawyer at Glover Luck LLP can help you assess your situation and determine whether you have grounds for a VA disability claim. Contact us today to discuss your case and learn how we can assist you in pursuing the benefits you deserve.