Though most doctors working for the VA actively try to help their patients and improve the quality of their lives with each treatment they administer, accidents can happen. When they do, patients can suffer and may struggle to recover from injuries they otherwise should have. If you suffered an injury as a result of medical care or treatments performed by a VA doctor, you may be able to file a malpractice claim with help from an Ohio VA medical malpractice attorney. But for your claim to be successful, you’ll need to prove negligence. Here’s what you’ll need to do to set your case up for success.
Understand the Common Forms of Negligence
Doctors owe a duty of care to their patients, and when they violate that duty of care, they can be found negligent. Here are a few of the more common forms of negligence that you may need to prove to have a valid malpractice claim.
- Failure to diagnose your condition: If your doctor failed to diagnose your condition when the symptoms you experienced would’ve led any other doctor to a correct diagnosis, they may be negligent.
- Failure to inform: If your doctor didn’t inform you of your treatment options, possible side effects, risks associated with treatments, and other factors, they may be negligent.
- Improper treatment for diagnosis: If your doctor treated your condition in a way that’s not consistent with best practices or is inappropriate for your diagnosis, they may be negligent.
- Medication errors: If your doctor prescribed a medication that they should’ve known would interact with other medications you’re taking, prescribed a medication they knew you were allergic to, or gave you the wrong dose or administration instructions, they may be negligent.
- Surgical errors: If your doctor performed the wrong procedure, operated on the wrong body part, left a foreign object inside your body after surgery, or other similar error, they may be negligent.
Your Ohio VA medical malpractice attorney will be able to help you identify the type of negligence your doctor may be guilty of.
Prove That the Doctor Worked for the VA
VA negligence and malpractice claims are only able to be brought against doctors practicing with the VA. If the negligence resulted from medical treatments provided by a doctor not affiliated with the VA like an emergency room physician or a general practitioner in the community, you’ll need to pursue a standard medical malpractice claim. This is because the VA is not responsible for the quality of care that veterans receive from outside physicians, even if those treatments are for disabilities resulting from your time in service.
Prove That the Negligence Led to Additional Harm
Document your symptoms resulting from the incident. This will help show that the treatment you received resulted in additional harm and made your condition worse than it was prior to receiving treatment. Some common issues that veterans may be able to use to prove negligence include:
- Suffering new injuries as a result of the treatment.
- Worsening physical pain following the treatment.
- Disfigurement or heavy scarring as a result of the treatment.
- Loss of physical or mental abilities resulting from the treatment.
- Reduced quality of life as a result of the treatment.
Your attorney will try to help you further document these harms and connect the experiences you’ve had to the care you received at the VA.
Let Veterans Law Attorneys Help
If you believe you’re the victim of malpractice at the hands of a VA doctor or medical care provider, you may be able to file a case against them. Schedule a consultation with our team today and learn more about your options.
