How long do I have to file a claim?

Generally, you must file an administrative claim within two years of when the injury was discovered or reasonably should have been discovered. Missing this deadline may permanently bar recovery.

Can I sue the VA doctor directly?

No. Under the FTCA, the claim is filed against the United States government, not the individual provider.

Will filing a malpractice claim affect my VA benefits?

Not automatically. Disability compensation and malpractice claims are separate processes, though strategic coordination is important.

Do these cases go to trial?

If the administrative claim is denied, the case may proceed to federal court. FTCA trials are decided by a judge, not a jury.

What damages can I recover?

You may pursue compensation for medical expenses, lost income, pain and suffering, permanent injury, and, in qualifying cases, wrongful death damages.

Practice Areas

VA Medical Malpractice

Understanding VA Medical Malpractice Claims VA medical malpractice claims are very different from typical hospital negligence cases. Because VA hospitals and clinics are operated by the federal government, you cannot file a traditional lawsuit directly against the doctor or medical facility. Instead, claims must be brought against the United States government under the Federal Tort…

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Discharge Upgrades

Understanding Military Discharge Classifications When a service member separates from the military, the branch of service assigns a characterization of discharge. These classifications directly impact eligibility for federal and state benefits. The primary discharge characterizations include: Honorable Discharge General Discharge (Under Honorable Conditions) Other Than Honorable (OTH) Discharge Bad Conduct Discharge (BCD) Dishonorable Discharge An…

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Veterans Disability

Comprehensive Veterans Disability Representation The VA disability system is governed by federal statutes, administrative regulations, medical rating schedules, and procedural rules. Understanding how those pieces fit together requires experience and legal insight. Kinman Law Office provides strategic, results-driven representation for veterans in both Ohio in the following areas: Initial VA Disability Claims The strength of…

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