You may be able to sue VA if you have been the victim of medical abuse. If you or a family member has suffered serious personal injury as a result of the negligence of a federal employee, you may be able to make a claim against the Department of Veterans Affairs. Can you sue the VA hospital?
Are VA hospitals a fraud paradise?
In December 2017, Brown, Christie & Green published an article titled “Are VA hospitals a haven for medical abuse?” This article examined the USA Today report suggesting that Veterans Affairs (VA) hospitals knowingly recruited doctors with questionable and even dangerous documents. From claims of medical malpractice to physicians who were disciplined, the report showed that VA hospitals can actually put patients at risk through their recruitment practices. Some of the most disturbing elements highlighted in the USA Today report included:
- The VA hospital hired a doctor from Oklahoma punished for inappropriate sexual behavior.
- At the VA clinic in Louisiana, a psychologist working with patients was found to have a criminal record.
- A hospital in Iowa VA hired a doctor with a “troubled history,” including more than two dozen abuses. This doctor also received numerous complaints at the VA hospital over time.
- Some doctors employed by VA hospitals have been employed illegally. Under US federal law, the Department of Veterans Affairs may not employ suppliers whose medical license has been revoked.
- VA hospitals were found to employ doctors who may not be able to obtain their own fraud insurance. Because VA hospitals do not require doctors to have their own policies, problematic records and claims of abuse may fly below the radar.
How to submit an FTCA application
First, it is extremely important for the attorney to submit the FTCA application. These claims are not easy to win and you will need specialist help. Use our lawyer directory to find a personal injury lawyer (not a disabled lawyer) to help you.
FTCA administrative claim
The first step is to submit an administrative FTCA application to VA. This is done using the standard Form 95 claim for damages, injuries or death. The limitation period for claims is two years from the time the damage occurred. Unlike most other VA claims, this application is not submitted to the VA regional office. Instead, it should be reported to the VA regional advisor responsible for the region in which the injury occurred.
The claim must include injuries, negligence that you think caused the injuries, and a specific amount of damage you would like to receive. The federal court cannot award more damage than you claim in an administrative claim, so it’s very important to get professional help in determining the amount of compensation.
What types of damage can I recover if I sue VA for medical abuse?
Victims of medical malpractice in a government hospital can recover the same damage as anyone else who has been injured by a neglected healthcare provider. These damages include:
- Past and future medical expenses
- Lost income
- Future earnings capacity reduced
- Pain and suffering
- Emotional suffering.