Under federal law, if a veteran or a veteran's dependent is injured while receiving medical care by a VA doctor or hospital, he or she has the right to sue the United States government on the grounds of malpractice. If the case goes to trial, and the judge rules in the victim's favor, he or she may be entitled to monetary compensation to cover medical costs, thus eliminating the financial burden that an illness or injury imposes.
The first step to filing a claim or considering a lawsuit is to speak with a qualified, experienced lawyer. If you are a veteran or dependent of a veteran with questions about medical malpractice claims, contact attorney Sean M. Burke. Serving Irvine and all other Orange County and Southern California areas, Mr. Burke will provide the skilled legal representation that you and your family deserve.
- Types of Medical Malpractice
- FTCA Claims
- Our Experience
A Va Doctor's Negligence
A veteran medical malpractice lawyer with our Orange County practice can help you secure the compensation you deserve.
Types Of Medical Malpractice
Any non-active duty military personnel that has suffered from negligent care at a Veterans Administration hospital or clinic may file a medical malpractice claim. Medical malpractice is any type of error which adversely affects the patient. Examples include: Surgical errors: occur when a surgeon neglects to follow the standard of care during a procedure and inflicts serious harm on the patient. Examples include unnecessary surgery, wrong site surgery, or leaving a surgical instrument in the body cavity after surgery.
Diagnosis errors: occur when a doctor or medical professional makes the wrong diagnosis, delays diagnosis, or fails to diagnose a patient; the patient then suffers complications stemming from the diagnosis error.
Birth injuries: occur during the delivery of a child. Newborns are extremely susceptible to injury, and a reckless or inexperienced doctor could seriously harm a child and cause lifelong pain and suffering. Examples of birth injuries include cerebral palsy, Erb's palsy, shoulder dystocia, and brain injury.
If a veteran is injured by a VA doctor or at a VAMC, he or she has the right to sue the United States government according to a law called the Federal Tort Claims Act (FTCA). All FTCA claims, including veteran medical malpractice claims, must adhere to specific rules, requirements, and guidelines. Any claims which do not follow the requirements of the FTCA, including the statute of limitations, will be dismissed.
Filing a claim with the FTCA requires filling out administrative forms which can be confusing. It is imperative to retain the services of a qualified malpractice attorney, so that he or she can help you complete these forms as best you can. By doing so, you'll increase the chances of recovering the full amount of damages to which you are entitled.
Engaging in lawsuits with the federal government requires a high degree of legal expertise and knowledge. Sean Burke has provided Southern California with exceptional legal representation for almost 25 years. Mr. Burke is capable, trustworthy, and a dedicated advocate for veterans' rights. He will confidently guide your claim through the entire legal process, including litigation if your case goes to trial. His priority is to help clients' lives return to as much normalcy as possible.
Va Medical Malpractice Claims - Contact An Attorney
If you or a loved one has suffered an injury or illness because of substandard care in a VA healthcare institution, a medical malpractice attorney can help. Contact the Irvine office of Sean M. Burke, serving Orange County and all Southern California areas, including Riverside, San Bernardino, and Los Angeles.