Can You Make A Malpractice Claim As A Veteran?

While everyone’s healthcare matters, many would agree that those who have put their physical safety on the line for the sake of their country deserve more medical attention and care than society provides for them right now. With options like veterans’ clinics always at risk of closing (or being reopened), their treatment choices can be limited. Sometimes, they can experience medical negligence, accidents in treatment, or other situations that could be called malpractice. 

If you or a loved one has experienced medical malpractice at a VA hospital or medical facility, it can result in major physical pain, and loss, as well as financial and other burdens. Here are some tips to help you deal with it and get the justice you deserve.

Do you qualify for medical malpractice?

Under the current law, veterans and their families can make medical malpractice claims against the government if doctors or staff in VA hospitals or medical facilities have caused harm or injury through negligence or otherwise. Before you get started on a suit, you might be concerned as to whether or what happened with you or your loved one actually counts as malpractice. There are a few different standards that can help you determine whether or not something counts as malpractice.

The definition of malpractice is when a healthcare provider neglects to give proper treatment, doesn’t take the appropriate action in care, or gives substandard treatment, leading to harm, injury, or death. Typically, they have to be shown as not adhering to the standards of care expected, usually through negligence that directly results in harm, and this has damaging consequences on the individual. If you aren’t sure whether or not your case counts as malpractice, then you may want to consider the next tip.

Ensure that you have a good lawyer on your side

You are technically able to go through much of the process of getting the lawsuit underway by yourself. Indeed, some may choose to do so because they are concerned about the legal fees that might come with hiring a lawyer. However, it’s almost never a good idea to represent yourself in court. Your lawyer doesn’t just help in court, either. They are also going to help through the process of setting up your lawsuit to make sure that you’re doing it correctly and as effectively as possible. Malpractice lawyers usually work on a contingency fee, as well. This means they’re only going to get paid if you win, and they are limited in how much they can charge you. For instance, they will charge you 20% of the reward for cases won at the administrative level, and 25% for cases won in court.

Making an administrative claim

It’s normally not too difficult to go to court when you’re filing a lawsuit against an individual or company. However, it’s not always as simple when it comes to making a claim against the federal government. First of all, you have to show that you have “exhausted your administrative remedies.” Basically, you have to show that you have pursued justice and compensation for malpractice through official channels before you can take it up in a court of law.

You have to go through the administrative claims process with the appropriate government department. There are some rules in how you do it, too. You have to do it within two years of the date that you received the injury, include all of the facts and damages in your claim, and you have to give the agency six months to respond to the claim. Then, you have six months after they have either responded to file a lawsuit. If they don’t respond in six months, you can still go ahead and file a lawsuit. You can, however, wait until they respond, and then file, as the six months you have to file your lawsuit only begin ticking down when they send their response.

Fill in the form with care

Once you have exhausted your administrative remedies as outlined above, then you can begin the process of suing the state department that wronged you. In the case of filing a suit for veterans and military medical malpractice, you’re going to want to obtain and fill in Standard Form 95 (also known as SF95.) Filling in and sending this form commences legal action against the government and you need to include all the necessary details on the claimants, a “sum certain” for the claims, addresses and contact details, and any supporting documents that support the claim. Again, it’s a good idea to have a lawyer on hand as, although the form may be relatively simple enough, you can be sure that the answers you provide will be pored over closely for any errant details, omissions, or contradictions, which can jeopardize your case. 

After this, you will have two chances to settle a claim with the government. It can happen during the administrative process, as outlined above, during which you can negotiate and settle out of court. Otherwise, you will be filing a lawsuit in federal court, and your attorney will be negotiating the settlement directly with the attorneys from the Department of Justice.

Winning the suit

If you win your suit, then you typically win the amount of money that was asked for in the administrative claim. However, if you have taken on additional costs as an ongoing result of the malpractice, then you can provide evidence for this and adjust your claim. You can also ask for compensatory damages, such as paying for medical bills, lost wages, and future damages such as if you are likely to be unable to work in the future. Unlike with other suits, however, you cannot claim punitive damages when you’re suing the government in a medical malpractice suit.

If you’re planning to act as a veteran in a malpractice claim, the first tip is always to lawyer up as soon as possible. Good legal advice and a guiding hand through the process can make sure you avoid the easy mistakes that can trip up a lot of people making such claims.