Suing the Department of Veterans Affairs for Medical Malpractice

Suing the VA for medical malpractice requires experienced lawyers who have sued the Department of Veterans Affairs before. There are a number of steps to undertaking such a law suit that are different from the things required to bring an ordinary medical malpractice case against a civilian doctor.

The Federal Tort Claims Act

First a claim for the medical malpractice must be made using the Federal Tort Claims Act procedures. These procedures are all federal law procedures, so lawyers experienced in federal procedure and federal court are important to have on your side.

Suing the VA means you are suing the federal government. To sue the Veterans Affairs for medical malpractice a tort claim against the United States must be presented within two years of the injury caused by doctors at the VA. The Department of Veterans Affairs often denies these claims. After the denial of the claim a complaint may be filed in federal court. Further, according to federal law, attorneys’ fees cannot be in excess of 25 per cent. Generally, with a few exceptions, with respect to the law of medical malpractice, the law of Illinois will apply to complaints of medical malpractice resulting from the acts of doctors working at the Department of Veteran Affairs in Illinois. However, when suing a doctor who works at the Department of Veteran Affairs, in a case that goes to trial, the law requires that the Judge, not a jury, hear the case.

Veterans Affairs hospitals in Illinois who’s doctors are subject to suit because of their wrongdoing or medical malpractice or negligence include the Edward Hines, Jr.VA Hospital and the Jesse Brown VA Medical Center. To see a recent settlement that we received in a medical malpractice case against the VA click here.

Some of the types of cases that can be brought against the VA for negligence or medical malpractice include medication errors, treatment errors, wrongful death, and diagnosis errors. Ed Fox & Associates, Ltd. uses proven experts in with various medical specialties, as needed, to prove cases of medical malpractice. If you or a loved one feel that you were harmed by the negligence of a doctor at the VA call Ed Fox & Associates, Ltd. for a free consultation.