In Florida and throughout the United States, we honor the brave men and woman of the armed forces who protect and defend our rights and liberties, both on foreign soil as well as here at home. While individuals and businesses find ways to show our veterans we care about them and appreciate their service, the very institution responsible for the direct care of their physical and emotional needs has been grossly neglectful in their duties and derelict in handling funds designated for these purposes. Medical mistakes and errors within the offices and hospitals of the U.S. Department of Veterans Affairs are unfortunately common, with many veterans suffering serious and even fatal complications arising from a lack of care. As the battle wages to ensure our veterans get the services they deserve, increasing numbers of vets and their loved ones are fighting back by filing medical malpractice claims against the VA.
Claims Against The VA
Veterans who experience problems in getting care from the VA are legally entitled to file a medical malpractice claim against the VA, and a Bloomberg report indicates that increasing numbers of vets and their families are doing just that. The VA has now paid out as much as $10 million in damages in response to claims by veterans who claim that mismanagement within the VA system has resulted in serious, debilitating, and often fatal injuries.
According to the House Committee on Veterans Affairs, problems with the VA have resulted in the following types of medical mistakes and errors:
- Long wait times for appointments, resulting in deaths and serious injuries that were otherwise preventable;
- Misdiagnosis of physical and mental conditions;
- Surgical errors, including wrong site and wrong procedure errors;
- Exposure to infectious disease caused by unsanitary conditions;
- Hospital-based infections;
- Medication errors;
- Dental errors and infections.
Compensation for Medical Mistakes and Errors from the VA
Through the Department of Veterans Affairs, veterans who has suffered injuries and the family members of veterans who died as the result of the negligent actions or inactions of employees working with the VA systems may be entitled to compensation under the Federal Tort Claims Act. In order to file a claim, you would need to provide medical evidence as to the condition suffered by the veteran, as well as evidence regarding how the negligence of the VA resulted in a worsening of that condition. In these types of claim, an actual court hearing may be held where this evidence will be presented. In some cases, an actual court hearing may be required to get a judgment for damages, while in others out-of-court settlements may be reached. The Bloomberg report states that many veterans who may be entitled to compensation through medical malpractice claims against the VA end up never getting the compensation they deserve, either due to improperly filled out or filed forms, or by not being aware that they are entitled to file these types of claims.
Reach Out to Us for Professional Assistance
If you or a loved one has suffered complications as the result of medical negligence on the part of the VA, contact Hogan Frick today. Our experienced medical malpractice claim attorneys can advise you and your loved ones on the types of compensation you may be entitled to in a VA claim, while providing the legal representation needed to guide you through the process.