Our office has long represented Veterans in medical malpractice cases against our local VA hospitals. Sadly, despite years of National political discussion, and pressure from the media, our Veterans are still not receiving the high level of medical care and treatment we promised them years and years ago.
And when our office evaluates a case against the VA, and handles one on behalf of a Veteran or his/her family, we realize these cases are different than the average Virginia Medical Malpractice case filed in state court.
For our clients, the differences may not seem that apparent – but here are some of the traditional differences:
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Medical Malpractice Case against Hospital / Doctor in Virginia |
Medical Malpractice Case against VA Employee or Hospital |
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Filed in State Court (usually) |
Filed in Federal Court |
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Begin case by filing lawsuit |
Begin case by filing FTCA Form 95 Form with supporting documentation |
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Usually (unless Arbitration agreement exists) have right to a Jury Trial |
No Jury trial – decided by Federal Judge |
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Can seek interest on any damages |
No interest available |
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Defendant is the individual health care provider, or his or her employer |
Defendant is United States of America |
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Timing: litigation begins once suit is filed |
Timing: Dept. of Justice has six months after Form 95 is filed to evaluate claim, and nothing is done during this time period |
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2 year Statute of Limitations |
2 year Statute of Limitations |
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Disclose experts only after Discovery is done and near trial dates |
May strategically disclose experts at beginning when claim is made |
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Attorneys’ fees are typically 40% of recovery |
Law limits attorneys’ fees to 20% of settled before suit is filed, or 25% after suit is filed |
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Defended by Private Attorneys, hired by insurance companies |
Defended by US Attorneys |
So when you are looking for a malpractice attorney to evaluate your case against an employee of, or the Veterans Administration Hospitals, select an attorney that has experience with VA cases. In the last ten years our firm has handled MANY successful cases against the VA – from surgical malpractice, to failure to diagnose, failure to examine patient records and prevent stroke, failure to provide emergency treatment, etc.
Please let us know if we can assist you or your family in evaluating a case against the VA. We would be honored to help.