VA Hospitals

Although veteran patients should receive top quality treatment, this is tragically not the case. Veteran Affairs hospitals are notorious for providing subpar treatment and ill-advised diagnoses for veterans. Some believe it is because VA hospitals tend to be underfunded with quality medical professionals and resources and overcrowded with veteran patients.

Common VA negligent practices include failure to monitor a patient, misdiagnosis, improper managing, and inducing delayed or wrong treatments. Some VA hospitals even have implemented an “apology law,” which allows medical officials to admit their mistakes to negotiate low-ball settlements with the patients.

Since VA hospitals are federally funded, filing a claim or lawsuit against them can be more cumbersome and time-consuming than most medical malpractice cases.

For instance, the veteran patient needs first to file a claim under the Federal Tort Claims Act (FTCA), which allows up to six months until the government is forced to respond in three ways: 1) accept the claim and pay the full compensation, 2) settle the claim for less, or 3) outright reject the claim.

Several issues arise from this process. If you don’t hear back within six months, you have to assume that your claim was rejected. Your next step is to file a civil lawsuit with the federal court under the FTCA, but only if your alleged malpractice injury occurred in the past two years. This timeline doesn’t exclude the time needed for your previous claim. If you fail to meet the two-year deadline, your claim could be lost forever.

This is why it’s easy to see why most victims prefer simpler paths to receive any compensation rather than watching their efforts disappear to nothing. Before you decide to file a claim with the FTCA, it is in your best interest to speak with a medical malpractice lawyer who is well-versed in dealing with VA hospitals to understand all your viable options.

If you or someone you know is a veteran, who believes you have suffered from medical malpractice in VA hospitals, call our law firm at 1-866-MICH-LAW (1-866-642-4529) for a free consultation. At Cochran, Kroll & Associates. P.C. we never charge a fee unless a recovery is made.

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