Sandy Springs, GA Veterans Medical Malpractice Claims
While the majority of VA hospitals, clinics and health care providers deliver quality patient care to those who served in the US military, there are some who are negligent with their duties. These failures can lead to severe injuries, so it is reassuring to know that you have options as the victim of veteran medical malpractice. Under the Federal Tort Claims Act (FTCA), you can seek compensation from the federal government.
However, the legal process for recovering monetary damages is complicated. It is wise to trust our team at Bertling Law Group for assistance, as we have decades of combined experience representing veterans and active duty military. Please contact us today to schedule a free consultation with a Sandy Springs, GA veterans medical malpractice lawyer who can explain the details. You might also find it useful to review some basics about FTCA.
How Claims Work Under FTCA
Negligence is typically behind VA medical malpractice claims, but the concept has a very specific meaning in the practice of law. You must prove certain elements to be eligible for compensation, including:
- Your injuries were caused by a VA employee, such as a physician, surgeon, psychiatrist, nurse, or pharmacist;
- The employee was acting within the scope of duty when providing care;
- The VA employee was negligent in treating you; and
- This negligence by the VA caused your injuries.
There are many different ways a VA employee, facility, or clinic could be negligent in providing care. Common examples are medication errors, misdiagnosis, failure to diagnose cancer, surgical mistakes, and veterans preventable suicide. By proving the above element, you may be able to recover compensation for medical costs, emotional distress, and pain and suffering.
Steps in the Legal Process for Veterans Medical Malpractice Claims
Our Sandy Springs, GA veterans medical malpractice lawyers at Bertling Law Group will guide you in filing a VA claim for compensation. A typical case proceeds as follows:
- Gathering Evidence: We will need to support your claim with medical records and other paperwork regarding your injuries. It is also necessary to collect evidence of negligence by VA providers.
- Filing a VA Malpractice Claim: We will help complete and file the proper forms, including supporting documentation. This step is necessary to exhaust your administrative remedies.
- Negotiating Settlement: Our lawyers will discuss an agreement to resolve your veterans medical malpractice claim through settlement.
- Suing in Federal Court: If the government refuses to pay fair compensation for your VA medical malpractice claim, we will take your case to court.
Our Sandy Springs, GA Veterans Medical MalpracticeAttorneys Will Handle Essential Tasks
This overview about your rights and remedies is useful, but it should also convince you of the importance of retaining experienced legal counsel. Our team at Bertling Law Group will advocate on your behalf throughout the FTCA claims process, so please contact our firm for personalized details. You can call 844-295-7558 or go online to set up a complimentary case review. After assessing your circumstances, we can discuss next steps.