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San Diego Veterans Medical Malpractice Claims

Veterans have worked hard to earn important benefits like medical care, so it is disturbing to learn that not all VA hospitals, clinics, and health care providers are diligent in delivering treatment. Patients can suffer serious injuries, along with financial and emotional losses, when medical personnel do not adhere to the applicable standard of care. While it is not possible to sue the government for damages in certain cases, the Federal Tort Claims Act (FTCA) does allow claims for veterans medical malpractice. You may qualify to recover compensation for your devastating losses. Because the legal process for FTCA claims can be complex, trust our attorneys at Bertling Law Group to assist with the necessary tasks. We have decades of combined experience helping veterans and active duty members of the military enforce their rights after sustaining injuries from negligent health care providers. Please contact us to schedule a complimentary case review with a San Diego veterans medical malpractice lawyer. Some background information about these cases is also useful.

Overview of FTCA

The statute functions to open the door for negligence claims against the federal government, but the basis for the case is medical malpractice. You must have evidence proving the following essential elements:

  1. The VA physician, nurse, specialist, surgeon, or other medical professional was acting within the scope of duty in providing care;
  2. The health care provider was negligent in delivering treatment by deviating from the applicable medical standard;
  3. The VA medical practitioner’s negligence was the direct cause of your injuries; and
  4. You suffered losses as a result of veterans medical malpractice.

For example, a health care provider may be negligent by:

  • Making medication errors;
  • Failing to address the signs of preventable suicide;
  • Delays and mistakes with diagnosis;
  • Not taking precautions with respect to sanitation and hygiene, leading to health care acquired infection (HAI); and,
  • Failures with administering anesthesia.

Compensation in a VA Malpractice Claim

You may qualify to recover damages for your medical costs, lost income, pain and suffering, and many other losses if you can prove the four elements above. However, even when you have evidence for a medical malpractice claim, you must comply with the special legal process described by FTCA. Our San Diego veterans medical malpractice lawyers at Bertling Law Group will tackle all important tasks, including:

  • Collecting proof of your injuries and negligence by the VA;
  • Evaluating damages, since you are locked in to what you allege in your initial FTCA claim;
  • Preparing forms and documents for a veterans medical malpractice claim;
  • Discussing settlement with the government to exhaust your administrative remedies;
  • Drafting the complaint for your lawsuit in federal court; and
  • Representing you during the litigation process.

Consult with Our San Diego Veterans Medical Malpractice Attorneys Right Away

To learn more about your legal remedies and compensation under FTCA, please contact Bertling Law Group. You can set up a free initial consultation by calling 844-295-7558 or visiting our website. Once we review your circumstances, we can discuss next steps and how the process works for veterans medical malpractice cases.

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