books

Practice Areas

Veterans Law Attorneys – Trusted VA Medical Malpractice Attorneys in Cincinnati

VA Medical Malpractice Attorney Cincinnati OH

Child Pushing Veteran in a Wheelchair

Medical malpractice is common in a court of law – but what happens when the patient is a veteran and the medical facility is run by the Department of Veterans Affairs (VA)? Medical malpractice is defined as when a doctor or medical professional provides negligent or substandard care that results in injury, harm, accident or wrongful death that translates to physical damage, emotional trauma or financial loss. Veterans Law Attorneys can help veterans who feel they have received substandard care at the VA or are the victim of medical negligence. 

Are you a veteran faced with a similar situation? An experienced and qualified VA medical malpractice attorney in Cincinnati, OH can help. The legal team at Veterans Law Attorneys has more than 20 years of experience helping veterans resolve their medical malpractice cases in the Cincinnati area and across the United States.

Veterans place their trust in VA medical providers to provide competent, timely, and professional healthcare. However, when that trust is violated through negligence or error, the consequences can be severe. Injuries caused by medical malpractice can lead to prolonged pain, permanent disability, emotional distress, loss of income, and increased medical costs. Veterans deserve justice and accountability when the care intended to help them causes harm instead.

Understanding the VA Appeals Process: What Veterans Need to Know

Understanding VA Medical Malpractice

VA medical malpractice occurs when a healthcare professional employed by the Veterans Affairs Department fails to provide the standard of care expected, resulting in harm or death. This can happen to doctors, nurses, surgeons, technicians and other medical staff working in VA hospitals, clinics or during medical examinations.

Unlike private medical malpractice cases, VA malpractice claims involve federal law and strict procedural requirements. Before a lawsuit can be filed, veterans must follow specific administrative steps. Experienced legal guidance is essential for a successful claim.

Can I Sue the VA for Medical Malpractice or Negligence?

Yes – you can sue the Department of Veterans Affairs. Veterans who have received a misdiagnosis, substandard care or negligent care while in the care of a VA medical facility may have a case for a medical malpractice suit. It can be intimidating to file a lawsuit against the federal government and that is where the experienced lawyers at Veterans Law Attorneys can help.

Lady of Justice by Medical Malpractice Documents

The Federal Tort Claims Act (FTCA) allows veterans to file a lawsuit when an employee of the Department of Veterans Affairs causes further injury or damage due to negligence. An FTCA case can include claims against the Department of Veterans Affairs, the U.S. Military and the USPS. Section 1151 sets a separate precedent that is dedicated to claims of injury at a VA hospital, outpatient clinic, medical examination or surgery. Veterans who are the victim of medical malpractice may be eligible for monetary damages that cover personal suffering and economic loss.

The Federal Tort Claims Act (FTCA) is the primary legal avenue for holding the federal government responsible for medical malpractice. It allows injured veterans to seek compensation for pain and suffering, lost wages, medical expenses, and wrongful death. However, it is important to note that FTCA claims must be filed within strict time limits and must follow precise administrative procedures. If a deadline is missed or incorrect paperwork is filed, the right to compensation may be permanently lost.

Section 1151 claims differ from traditional lawsuits under the Federal Tort Claims Act (FTCA). Instead of suing the government, a successful Section 115 claim can result in VA disability benefits, as if the injury was service-connected. These types of claims may be appropriate when negligence occurs during VA treatment, but they do not involve traditional lawsuits for damages.

Key Differences Between FTCA Claims and Section 1151 Claims

Understanding which legal path is best for your situation is essential. The FTCA (Federal Tort Claims Act) can provide monetary compensation through a lawsuit, while section 1151 (Veterans Affairs disability benefits) can offer VA benefits. In some cases, veterans may be able to pursue both types of claims simultaneously.

What Are the Common Types of FTCA Medical Malpractice Cases?

Do you believe you have a strong case for medical malpractice under the FTCA and federal law? Here is a look at common types of FTCA cases that we can help you pursue at Veterans Law Attorneys.

  • Accident or Personal Injury at a VA Facility
  • Misdiagnosis or Failure to Diagnose
  • Traumatic Birth Injury
  • Brain Injury
  • Wrongful Death
  • Spinal Cord Injury and Paralysis
  • Medical Malpractice and Negligence

Additional examples of VA medical malpractice include surgical errors, medication mistakes, delayed treatment, failure to monitor patients, anesthesia errors, improper discharge, and inadequate follow-up care. These errors can have serious consequences, even when they seem minor. They can lead to life-altering outcomes when they occur in a medical setting.

Common Causes of VA Medical Negligence

VA medical malpractice often results from systemic issues, such as understaffing, overworked healthcare providers, communication problems, or inadequate training. These challenges are not excuses for negligence, but they do help explain why mistakes happen and why legal responsibility is essential to protecting veterans’ rights. No matter what the cause, veterans deserve safe and competent medical care. If that standard is not met, legal action may be necessary.

Learn More About Veterans Disability

How Can an Attorney Help with VA Medical Malpractice?

Do you have a medical malpractice claim? Does your case fall under the Federal Tort Claims Act or Section 1151? Veterans Law Attorneys are here to help answer your questions. Legal cases can be complicated – and even more complicated when the government is involved. We are here to help you navigate the administrative claims process with legal advice, document completion and more to ensure that you receive the compensation you deserve. 

Contact Veterans Law Attorneys today to enlist our services as a VA medical malpractice attorney in Cincinnati, OH!

Common VA Medical Malpractice FAQs

What is the Federal Tort Claims Act (FTCA), and how is it different from a standard VA disability claim?

The FTCA is a federal law that allows individuals to sue the United States government for personal injury or death caused by the negligence of a federal employee acting within the scope of their duties. A VA disability claim compensates for injuries or conditions caused by your military service. An FTCA claim seeks damages for new injuries or harm caused by negligent VA medical care or unsafe facilities. They are separate legal processes, and you can potentially pursue both if you were harmed by VA malpractice while being treated for a service-connected condition.

What is the critical first step I must take before I can file an FTCA lawsuit?

Before any lawsuit, you must first file an administrative claim (Standard Form 95) directly with the VA. This is a non-negotiable requirement. The VA then has six months to investigate and respond. Only after the VA denies the claim or the six-month period expires can you file a lawsuit in federal court. Missing this step or failing to adhere to its strict procedural rules can forever bar your case, making early legal guidance essential.

What kinds of incidents qualify as VA medical malpractice under the FTCA?

Malpractice occurs when a VA healthcare provider’s care falls below the accepted standard of medical practice and directly causes you harm. Common cases we handle include: surgical errors, misdiagnosis or delayed diagnosis (e.g., of cancer), medication errors, birth injuries, failure to obtain informed consent, negligent supervision leading to patient injury, and failures in treatment leading to worsening conditions, paralysis, or wrongful death.

How does an FTCA claim differ from a VA “Section 1151” claim?

Both address harm from VA care, but they are distinct paths with different goals. A Section 1151 claim is an administrative request to the VA for disability benefits (a monthly payment) if VA treatment caused a new disability or aggravated an existing one. An FTCA claim is a lawsuit for monetary damages in federal court, seeking compensation for pain and suffering, lost earnings, and all past and future medical costs. We analyze your case to determine the best strategy, which may involve pursuing both avenues simultaneously.

What damages can I recover in a successful FTCA medical malpractice case?

If successful, you may recover compensation for both economic and non-economic losses. This includes past and future medical expenses, lost wages and loss of earning capacity, out-of-pocket costs, and pain and suffering. In cases of wrongful death, surviving family members may recover damages for loss of companionship and financial support. Unlike some state laws, the FTCA does not allow for punitive damages against the federal government.

Is there a time limit to file an FTCA claim against the VA?

Yes, the statute of limitations is strict and short. You generally have two years from the date you discovered (or reasonably should have discovered) the injury and its negligent cause to file your administrative claim (SF-95) with the VA. For wrongful death, the time limit is two years from the date of death. Given the complexity of gathering medical evidence, missing this deadline is the most common way claims are lost, so contacting an attorney promptly is crucial.

Related Articles