Veteran Affairs Medical Malpractice Settlements
Can I Sue the VA for Medical Malpractice?
The short answer is “yes.” However, it is not easy, and you should speak with an experienced VA medical malpractice attorney in Johnson City before attempting to bring a claim on your own. Most malpractice claims are initiated using a Standard Form 95 Claim. If there is a valid basis for your claim, it can proceed under the Federal Tort Claims Act (FTCA), wherein the VA can be held liable to the same extent as a private practitioner in the state in which the malpractice occurred.
Things get pretty complicated quickly when one attempts to apply Tennessee’s laws for initiating malpractice lawsuits through a notice letter while, at the same time, adhering to the requirements for initiating the claim under FTCA. On top of this, the limitation periods for initiating lawsuits differ between Tennessee State law and the limitation provisions applicable to suits against the VA.
Explore Your Legal Options with The Haynes Firm
There is no excuse for providing substandard care to our nation’s veterans and soldiers. Many veterans experience excellent care from VA hospitals and clinics. However, for reasons too various and numerous to mention, some veterans are unnecessarily harmed by poor communication, unqualified providers, unreasonable delays, and other inexcusable problems.
The experienced Johnson City VA medical malpractice lawyers at The Haynes Firm can help you clearly understand your legal options and rights. Our legal team is committed to providing compassionate, client-focused care, all while offering the aggressive advocacy you need. We understand how to navigate this complex process and can represent you and guide you every step of the way.