If you have experienced VA medical malpractice, it can be an extremely tough situation to navigate. For veterans who rely on VA healthcare, experiencing medical malpractice can feel discouraging. Being able to trust that your healthcare providers are providing you with the best possible treatment is extremely important. However, if this happens to you, you do have an option to file a VA medical malpractice claim to receive compensation for the improper service you received. This blog will go over what to expect in terms of compensation when filing a VA medical malpractice claim to help you navigate the process and secure the financial support you deserve.
Understanding VA Medical Malpractice
VA medical malpractice is when a VA healthcare provider fails to meet the standard of care expected in their treatment of a patient, leading to harm or injury. This can include things like surgical mistakes, incorrect diagnoses, or improper treatments. The Federal Tort Claims Act (FTCA) states that the VA can be held legally responsible for medical negligence in the same way a private medical provider would. If a veteran is harmed due to malpractice, they have the right to seek compensation from the VA. This can be a complex process, as the federal government can be complicated, requiring specific procedures to be followed.
Filing a VA Medical Malpractice Claim
Before filing a VA medical malpractice claim it is important to make sure you are eligible. First, the individual must have received care at a VA facility, and the injury must have been caused by negligence on the part of a VA healthcare provider.
Some other key aspects to keep in mind for your claim include:
- Deadlines: The statute of limitations for filing a claim under the FTCA is typically two years from the date the injury occurred or when it was discovered.
- Proof of negligence: The individual must prove that the VA healthcare provider failed to meet the standard of care and that this failure directly caused the injury.
- Evidence: Strong medical evidence and expert testimony are often needed to support the claim.
The form you will need to fill out for filing a VA medical malpractice claim is the Standard Form 95. This form officially notifies the VA that you would like to file a claim and describes the specifics of your injury, how it occurred, and the compensation you are seeking. Make sure you include as much information as possible in this form and be specific.
Compensation for VA Medical Malpractice
When looking at the compensation you may receive for VA medical malpractice, it isn’t just a specified amount. Compensation for VA medical malpractice can be given for several different reasons.
Some reasons include:
- Medical expenses: Compensation to cover costs of any additional medical treatment you need as a result of the malpractice, including surgeries, rehabilitation, and medications.
- Lost wages: If your injury affects your ability to work, you may be entitled to compensation for the income you’ve lost, as well as for future lost earning potential.
- Pain and suffering: Compensation for physical pain, emotional distress, and reduction in your quality of life is also available as a non-economic form of compensation.
How Compensation is Calculated in VA Medical Malpractice Cases
The court will consider these different factors when determining how much compensation you are entitled to from the VA medical malpractice. The more severe the harm that was caused can lead to more compensation. Including, if you have to participate in future medical treatment due to the malpractice, which will be taken into account when looking at compensation amounts. The final compensation amount is based on actual losses (medical bills, lost wages) and an estimate of non-economic damages (pain and suffering).
Limits on Compensation in VA Claims and Factors Affecting Payouts
Unlike private malpractice claims, compensation in VA medical malpractice cases may have limits on how much you can receive. Specifically for non-economic damages, there are some federal limits on how much you can receive. Additionally, the compensation can be reduced if it is determined that the malpractice wasn’t entirely the fault of the medical provider and there isn’t strong enough evidence to prove otherwise.
Moving Forward with Your Claim
If you have experienced VA medical malpractice, make sure to fight for the compensation you deserve. It can be an extremely long and difficult process to fight a VA medical malpractice claim, but the compensation you can receive for it is worth it. Whether you are seeking economic or non-economic damage compensation, the compensation you earn can help you move on from this difficult situation.
You don’t have to go through this process alone. By understanding your rights and working with a qualified legal team, you can make sure you’re in the best possible position to receive compensation. If you’ve experienced medical negligence at a VA facility, reach out to Veterans Law Attorneys for expert guidance and support with your claim.
