Veterans' Administration Hospital Negligence/ Malpractice

Birmingham, Alabama

VA Hospital Malpractice
If you are a veteran and either you or a family member has been injured due to medical malpractice at a Veteran's Administration Hospital, you are legally allowed to sue the government. The Federal Tort Claims Act (FTCA) gives citizens the right to sue the government under some circumstances.

Unsanitary Conditions
Official VA Hospital inspections have revealed unhealthy conditions in some facilities, such as reused objects that can spread infections, inadequate cleaning, and vermin infestations. Some inspectors discovered that staff were neither sufficiently trained nor supervised, and many patients were experiencing adverse side effects from their medications.

Complex Suits
When government employees are performing a job that a private employee also performs, such as health care, the government can be sued in the same manner as private companies. There are certain provisions, however, and the suits are very complex.

You must make an administrative claim against the VA for the full amount of damages you've suffered before you can sue. This claim can be made on a Standard Form 95, available from government agencies. It's in your best interest to hire a lawyer to assist you in filing the form because it is binding.

The Binding Form
You can never ask any more damages than what you write on the Standard Form 95 (unless you prove that additional damages are based on evidence you couldn't have known at the time of filing). So at this preliminary stage, you must know the total amount of damages you are entitled to-and medical malpractice lawyers have the knowledge necessary to determine that amount.

After the date of filing, the VA has six months to review your claim and can choose to accept it and pay in full, agree to pay less, or reject it. If you're denied, you can sue in federal court.

Deadlines
You must file a federal lawsuit within two years of discovering your injury-no exceptions. If you miss the deadline, the federal court can dismiss your claim. Don't give up your right to collect damages.

If you or a loved on has been victimized by VA Hospital medical malpractice, contact the Birmingham personal injury lawyers at Burke, Harvey & Frankowski. Our attorneys know the law and can help you meet your deadlines and recover the damages you deserve. Call or e-mail us today for a free consultation.

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Alabama Rules of professional conduct require the following notice: No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers.

The information presented on this website for Burke, Harvey & Frankowski, LLC., should not be taken as formal legal advice including reference to Auto Accidents, Truck Accidents, Product Liability, Medical Malpractice, Motorcycle Accidents, Nursing Home Negligence, Personal Injury and/or Personal Injury Attorneys. Serving Birmingham, Alabama, Florida, Georgia and Tennessee. If you or a loved one have been injured, contact us to schedule a consultation with a Alabama personal injury lawyer to see if you have a claim.