Filing a Medical Malpractice Claim Against the VA

Over the past year, the U.S. Department of Veterans Affairs has been embroiled in significant controversy related to the timeliness of its responses to veterans in need of health benefits and medical treatment. Many veterans died or saw their conditions worsen while waiting for the VA to respond to their requests.

If you are a veteran who received substandard medical care from the VA, your case may qualify as medical malpractice. The Federal Tort Claims Act (FTCA) allows veterans to file claims against VA medical centers if they have received poor treatment. Under the FTCA, you have two years from the date that you either knew or should have known about your injury or illness to file a claim. Note that this statute of limitations overrules any state statutes of limitation that may otherwise apply in your case. If you do not file within this time limit, your claim will be automatically dismissed.

Moving Ahead With A Claim

You must file your malpractice claim against the VA according to the rules laid out in the FTCA. Your claim should include any facts that would support your position and a demand for a specific amount of financial compensation. It is important to gather as much evidence as possible in the form of medical records and expert testimony, and to research exactly how much your claim could be worth. The more information you have to support your claim, the better chance you’ll have at receiving the amount of compensation you are seeking.

If your injury occurred at a VA center outside of the United States, you cannot file a claim under the FTCA, but can do so under the Military Claims Act.

To learn more about your options when filing a medical malpractice lawsuit against the VA, call on the dedicated Brooklyn injury attorneys at Rubenstein & Rynecki. Give us a call at (718) 522-1020
or contact us online today.