Anyone who served our country in the armed forces deserves exceptional medical care, whether their injuries are related to their military service or not. Sadly, far too many veterans, including many Oklahoma residents, have experienced medical malpractice at Department of Veterans Affairs (VA) medical facilities. While it used to be next to impossible to sue the VA for medical malpractice, that’s no longer the case.
While it’s now possible for active duty service members to make a claim against the VA for malpractice, winning these cases is often a significant challenge. That’s why you should seek help from an experienced Veterans Affairs medical malpractice lawyer if you are considering taking legal action after receiving substandard treatment. The Oklahoma VA medical malpractice attorneys at Ryan, Bisher, Ryan & Simons, have 40 years of experience fighting on behalf of malpractice victims. We’ve recovered nearly $500 million in total compensation for our clients. Contact our office today for more information about our services.
Can You Sue the VA for Malpractice?
Suing any federal government agency, including the VA, is a challenge, but individuals can do it through the Federal Tort Claims Act (FTCA). This law allows individuals to file lawsuits against the federal government under certain circumstances. Generally speaking, a government employee or federal agency can be held liable for any injuries they caused if their actions amounted to negligence. However, there are a few exceptions to this rule, so it’s essential to get help from a VA malpractice lawyer before you start your case.
Can Active Duty Military Sue for Medical Malpractice?
Before 2021, active duty service members were largely barred from suing the VA for malpractice thanks to a 1950 Supreme Court decision known as the Feres Doctrine. This ruling stated that active-duty military personnel could not sue the federal government, including the VA, for injuries stemming from their military service.
Thankfully, recent changes to federal law make it possible for active duty service members to file an administrative claim against the VA for medical malpractice. In December 2019, Congress included a provision in the National Defense Authorization Act (NDAA) that negates the Feres Doctrine and allows medical malpractice claims against the VA. When Congress passed the NDAA in 2019, they allocated $400 million over ten years to pay malpractice claims, though that may not be enough to cover all the claims that have been filed.
How to File a Veterans Administration Malpractice Claim in Oklahoma City
The FTCA claims process is complicated and has several significant differences compared to a traditional personal injury lawsuit. The basic steps involved in filing a VA malpractice case are:
- Fill out Standard Form 95 — Standard Form 95 is necessary for any FTCA claim. It’s essential to make sure this form is filled out correctly when you file your claim, especially regarding how much you’re seeking in compensation. Any errors in your paperwork could cause your claim to be delayed or denied outright. A mistake can also cause you to receive less compensation than you would otherwise be entitled to.
- Include any supplementary documentation — Though it’s essential to ensure you get your Standard Form 95 right when you file a VA medical malpractice lawsuit, it’s equally crucial to include sufficient evidence to back up your claim. Your medical records, statements from expert witnesses, and other supporting documentation can all help build your case and prevent you from having to file an appeal.
- File your application with your local VA administrative office — You must file your Standard Form 95 and other supporting documents with the right VA office. If you don’t, you’ll have to file your claim all over again, and you might lose your chance to recover any compensation for your injuries. A personal injury lawyer can help you find the right office to file your claim.
Once you’ve filed your Standard Form 95 and other documents, you’ll need to wait at least six months while the VA investigates your claim. Then, your claim will either move forward, or the VA will inform you that your claim was denied. If your claim is denied, you’ll need to file an appeal within six months.
Compensation Available for Victims of VA Medical Malpractice
The physical and financial costs of medical malpractice can be substantial for veterans and their families. Medical malpractice victims deserve a chance to claim compensation for losses they’ve suffered. A VA medical malpractice lawsuit allows you to recover financial compensation for your injuries. With the right legal team backing you up and with the proper evidence, you can potentially receive compensation for:
- Your past and future medical bills
- Your lost income and reduced future earning capacity
- Your pain and suffering as a result of your injuries
- Your emotional distress as a result of your injuries
Statute of Limitations for VA Malpractice Cases in Oklahoma
To qualify for any compensation, you must file your Standard Form 95 and supplementary documents within the Veterans Administration medical malpractice statute of limitations. This is the time limit you have to file your claim. If you do not file within the time limit, your claim can be dismissed. Most claims must be filed within two years of the date of your injury. To avoid running into any issues with the statute of limitations, talk to a VA malpractice attorney as soon as possible.
Talk to an Experienced VA Medical Malpractice Attorney in Oklahoma City, OK
With how much they’ve already sacrificed, military veterans and their families shouldn’t have to suffer subpar or negligent care from the VA. If you’ve been the victim of VA medical malpractice, the Oklahoma VA malpractice attorneys at Ryan, Bisher, Ryan & Simons want to help you obtain fair compensation. Contact our office today for a free initial consultation.
