Though the Veterans Association (VA) works hard to provide medical care and treatment for veterans, many soldiers are still the victims of medical malpractice. Here’s what you should know about health care if you are a veteran and what legal options are available should you want to take your injury case to court.
There are two types of legal proceedings you can follow should you be a victim of medical malpractice as a veteran. This includes the Federal Torts Claims Act (FTCA) and Section 1151.
You and your personal injury attorney can file a lawsuit under FTCA if you suffer an injury due to negligence at a VA center. This includes an error caused by the doctor or medical staff, but it can also extend to other members or functions performed in the VA hospital, including other faculty members such as the janitor. If you slip on a puddle left by a wet mop and suffer an injury, you’re able to file your lawsuit under the Federal Torts Claims Act.
Section 1151 is a little more limited than claims under the FTCA. Under Section 1151, your personal injury claim must have been caused by negligence within the VA hospital, the outpatient clinic, or during surgery or medical examination. Although lawsuits under Section 1151 are more limited than under the FTCA, it’s typically less complicated to receive compensation and benefits under Section 1151. Your Boise personal injury attorney will have an easier time filing paperwork and gathering evidence as a result.
Medical malpractice usually occurs in a VA hospital as a result of negligence, including carelessness or error in judgment. This could be the failure to diagnose an illness or an accident during surgery that led to personal injury. Keep in mind, however, that the statute of limitations demands that your personal injury claim must be made within two years of the accident or injury. Discuss your options with a personal injury or accident attorney to get more information regarding the ins and outs of your specific case.
Rely on the accident attorney Boise trusts to get the job done right; with the experts at Rossman Law Group, your medical malpractice case will be treated with the sensitivity and respect it deserves. Rely on our team of professionals to walk you through the FTCA or Section 1151 process today.