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Veterans are entitled to quality health care treatment through the U.S. Department of Veterans Affairs (VA) however, medical negligence can sometimes occur. This is an extremely frustrating and difficult situation for veterans to go through but it is important for veterans to be aware of the options available. VA tort claims can help veterans seek compensation when they are harmed by medical malpractice or negligence within the VA system. This blog will help educate veterans on the process of filing VA tort claims for negligence in medical malpractice cases so they can hold the VA accountable and receive proper compensation.

Medical Malpractice in the VA System

Before deciding to go forward with a VA tort claim, veterans should be aware of what constitutes as medical malpractice in the VA system. Medical malpractice is when a healthcare provider’s negligence results in harm to the patient. In the VA system, this is when a veteran is receiving care from either a VA hospital or clinic has received substandard care that doesn’t align with the accepted medical practices.

Types of Negligence Leading to Malpractice Claims

Veterans may file malpractice claims for various forms of negligence, including:

Failure to Diagnose: This is when a medical professional delays or misses diagnoses that result in a worsened condition or preventable complications.
Surgical Errors: Any mistakes made during a surgery that cause unnecessary damage to the veteran
Medication Errors: Prescribing a veteran the wrong medication, or dosage, or failing to recognize any harmful drug interactions.
Improper Treatment: Giving the veteran the wrong treatment or failing to follow medical protocols
Failure to Inform: Not informing the veteran about important information regarding their condition such as risks, treatments, or alternatives.

Steps to File a VA Tort Claim for Negligence

Step1: Identify the Incident

The first step in filing a VA tort claim for negligence in a medical malpractice case is identifying the specific incident where it occurred. Whether this was a misdiagnosis, surgical error, or any other preventable mistake, the veteran should be sure it is clearly identifiable.

Step 2: Gather Evidence

The next step is to gather evidence. Strong evidence is key to a successful claim, this can include medical records, expert opinions, and other supporting evidence like personal statements. Each piece of evidence should help strengthen and prove that negligence has occurred.

Step 3: Submit an Administrative Claim

Before you start pursuing legal action, you will need to file an administrative claim with the VA. In order to do this, you will need to complete Standard Form 95, which will outline all the facts involved in the case and damages. This must be submitted within two years of the incident.

Step 4: Wait for the VA’s Response

After submitting the Standard From 95, you will have to wait for the VA’s response. The VA has 6 months to respond, they may accept the claim and offer a settlement, deny it, or fail to respond which could be treated like a denial. It is important to remain patient during this time.

Step 5: File a Lawsuit in Federal Court

If your claim gets denied or is unresolved, you can file a lawsuit in federal court. For this, it is highly recommended to get an experienced attorney to help represent your case. You will need to follow federal court procedures and timelines, this can lead to a formal trial or further

Seek Justice Today

Veterans have the right to seek justice if they receive substandard care from a VA-affiliated facility. While it can be a challenging situation, filing a VA tort claim can provide compensation for the damages the veteran has endured.

Consulting with an experienced VA benefits attorney can make a huge difference while navigating the VA tort claims process. Their expertise can help you build a strong case and maximize your chances of obtaining the compensation you deserve. If you believe you’ve experienced medical negligence in the VA system, don’t wait to take action. Contact Unruh Law today for guidance and support.

Filing VA Tort Claims for Negligence in Medical Malpractice Cases

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