Patients expect to be taken care of in a hospital, even if that is a VA hospital. When you are at a VA hospital, the rules are the same. Patient safety is number one. Nurses have an obligation to adhere to patient safety rules. Doctors must meet the standard of care. When doctors, nurses and hospital staff fail, patients can get hurt. When a patient is harmed, they may be wondering, can I sue the hospital? VA medical malpractice exists.
Figuring out if someone injured in a hospital was hurt by negligence is difficult. Or if the injury was merely one of those things that happens. From there, it must be determined who was at fault. Was the doctor at fault? Did the nurse fail to execute an order or miss telling the doctor about changing signs or symptoms?
If you’ve been hurt in a government hospital, many may not think they can file suit because they are dealing with the government. The Federal Tort Claims Act allows suits to be brought against certain government employees and entities. Suing a hospital is complicated. Suing a VA hospital under the FTCA is even more complex.
Here are some things to consider when figuring out if you have a case against a VA hospital:
- Find the Responsible Party
Just because a patient was hurt in the hospital doesn’t mean the doctors or nurses are at fault. There is a big difference between a bad result and medical malpractice. A VA medical malpractice attorney can help you determine if the injuries are because of negligence. They can review your records and consult with the right experts.
- Don’t miss your Time to File under the Federal Tort Claims Act
You have two years from the time your claim arises to file your administrative claim. Figuring out when your claim arises can be one of the issues in the case. Because of this, having a lawyer on your side can help. Also, it is important to file your administrative claim as soon as possible to avoid missing the deadline.
- Get Your Records
If you think you have a VA medical malpractice claim, order your records. Any lawyer who will look at your case will need them. Getting them the records will help things move faster. Also, any medical expert working the file will need to review your medical history.
If the medical malpractice has caused death, you will want an autopsy. Medical malpractice cases are difficult to prove without one.
- Don’t Go It Alone
Medical malpractice cases are tough. First, medicine is complex. Second, administrative cases involving medical malpractice are complicated. Trying to handle your administrative claim on your own can be a big mistake. It is in your best interest to contact a lawyer familiar with handling VA medical malpractice cases.
Getting the legal help that you need can make all the difference towards having your claim paid.
Contact a VA Medical Malpractice Attorney
Medical malpractice cases can take a long time. You may not get the result that you want. Contacting a lawyer can make all the difference towards a successful outcome. Mynor E. Rodriguez handles VA medical malpractice cases. Contact him today.
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