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.
Common Causes Of Medical Malpractice
Medical malpractice can happen in many forms, often when a healthcare provider fails to meet an accepted standard of care, and a San Antonio medical malpractice VA disability lawyer can help you if this has happened to you. These failures can lead to serious harm and long-term consequences, especially for veterans receiving treatment through the VA system. At Glover Luck LLP, we represent individuals who have experienced avoidable injuries or worsened conditions due to medical errors and system failures.
- Misdiagnosis or delayed diagnosis
When a medical provider fails to correctly identify a condition, the delay in proper treatment can lead to serious complications. Misdiagnosis is one of the most common causes of malpractice claims. In the VA system, delays can occur due to limited appointment availability or miscommunication between departments, leaving veterans at greater risk of harm. - Surgical mistakes
Errors during surgery may include operating on the wrong body part, leaving surgical tools inside the patient, or damaging nearby organs or tissue. These types of errors can result in additional procedures, long recovery times, or permanent injury. Veterans undergoing surgery through the VA may be especially vulnerable if proper protocols are not followed. - Medication errors
Giving the wrong medication, the wrong dosage, or failing to account for drug interactions can cause severe reactions or worsen an existing condition. In some VA hospitals and clinics, medication errors result from communication issues, rushed procedures, or inadequate patient reviews. These preventable mistakes can have serious health consequences. - Failure to monitor patients
Monitoring is a critical part of care, especially after surgery or during hospital stays. When medical staff fail to check vital signs, respond to alarms, or observe signs of distress, patients may suffer avoidable complications. This is a particular concern in facilities with low staffing or inconsistent recordkeeping, which sometimes affects VA hospitals. - Infections due to poor sanitation
Infections from unsanitary conditions or improper wound care are another major concern. When healthcare providers fail to follow basic hygiene and sterilization practices, patients may develop infections that delay recovery or lead to further illness. These cases often involve a breakdown in hospital policies or oversight. - Improper follow-up care
Good medical care doesn’t end when the patient leaves the hospital. Failing to schedule follow-up appointments, provide proper discharge instructions, or monitor ongoing treatment can result in worsened conditions. In the VA system, where coordination between multiple providers is common, missing key steps in follow-up care can be especially harmful. - Lack of informed consent
Patients have a right to know the risks of a procedure or treatment before it takes place. When providers skip this step or do not explain things clearly, patients may agree to something they don’t fully understand. This can lead to emotional and physical harm if outcomes don’t match what was expected.
If you or a loved one has experienced poor care through the VA and suffered harm as a result, speaking with a San Antonio medical malpractice VA disability lawyer can help you determine the next steps. At Glover Luck LLP, we represent veterans and their families in these types of claims, providing clear advice and strong support through every stage of the case. Contact a knowledgeable San Antonio medical malpractice VA disability lawyer to discuss your situation and learn how we may be able to help.
San Antonio Medical Malpractice VA Disability Lawyer Support
Proving medical malpractice at a VA hospital requires clear evidence that care fell below accepted medical standards and directly caused injury or worsened a condition. Veterans in this situation need strong documentation, a clear timeline, and an understanding of the process. A San Antonio medical malpractice VA disability lawyer from our firm can be of assistance. Below, we address common questions on this topic.
What Evidence Is Most Important For Proving Malpractice At A VA Hospital In San Antonio
Complete medical records from the VA facility and any outside providers are key. These should include diagnoses, treatment notes, test results, and follow-up care. Other useful evidence includes photos, written communication with staff, and reports showing how the condition changed after treatment. The more thorough and consistent the documentation, the stronger the claim and the more credible it appears to decision-makers.
Can I Use An Independent Medical Opinion For A VA Malpractice Case In San Antonio
Yes, an independent medical opinion can strengthen a claim. A qualified provider can review the records and explain how the VA’s treatment deviated from accepted standards. They can also clarify how different care could have produced a better result. Independent opinions help address disputes about the cause of the injury and can make the overall case more persuasive to both VA reviewers and the courts.
How Do I Prove The VA’s Actions Caused My Injury
Proving causation means linking the act or omission to the harm suffered. This often involves reviewing the treatment timeline, showing when symptoms appeared or worsened, and using medical analysis to connect the negligence to the injury. Without this link, a claim is unlikely to succeed, no matter how concerning the treatment appears.
What Is The Federal Tort Claims Act And How Does It Apply To VA Malpractice Cases
The Federal Tort Claims Act allows individuals to seek compensation from the federal government for negligence, including in VA hospitals. Before filing in court, veterans must submit an administrative claim to the VA explaining what happened and the damages sought. Strict deadlines apply, and missing them can prevent recovery entirely. Following each procedural step correctly is essential to keeping the claim active.
Can I Still Receive VA Disability Benefits If I File A Malpractice Claim
Yes, filing a malpractice claim does not automatically affect VA disability benefits. In some cases, proving malpractice may support an increase in disability ratings if the negligence caused additional impairments. The two processes are separate and require different evidence, though both may rely on overlapping records, testimony, and supporting statements. A San Antonio medical malpractice VA disability lawyer from our firm can be of assistance.
Proving malpractice against a VA hospital takes careful preparation and a strong strategy. Veterans who work with an experienced San Antonio medical malpractice VA disability lawyer have guidance on gathering evidence and following the correct procedures. Firms like Glover Luck LLP can help present a well-documented case and pursue fair outcomes for those harmed while receiving VA care. By preparing early, keeping thorough records, and seeking timely legal advice, veterans can put themselves in the best position to succeed and secure the compensation they deserve.
