Have you or a loved one suffered a problem in a Veteran’s Administration hospital in California? You may be able to file a Veteran’s Administration Hospital Lawsuit. While these legal proceedings are similar to general medical malpractice filings, you’ll have to follow specific procedures to ensure that your lawsuit can proceed.
Strict Compliance with Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) allows service members, military dependents, and other non-active duty patients to sue military doctors and other health care providers for negligent medical acts. Anyone doing so must follow strict requirements for filing military medical malpractice cases, including submitting specific forms, including Form 95, and filing claims before evening filing a lawsuit. Failure to comply can result in having a valid lawsuit disallowed for technical reasons. By completing Form 95, you can start the process as it officially notifies the United States government of your claim.
Once the government has received Form 95, you’ll undergo a waiting period before formally filing the lawsuit with the courts. During this time, the U.S. Attorney may investigate the claim and may attempt to settle it to avoid going to court. All cases not settled must proceed to the federal court system.
Military law is different than civilian law
Filing a personal injury lawsuit against the United States military is more difficult than filing one against a general medical provider. However, if a VA doctor or medical staff has injured you, you should not let that difficulty prevent you from obtaining just compensation.
The key to filing these claims is to follow every government recommendation precisely. Even if your claim seems prohibited by the Feres doctrine, you may still be able to get compensation under certain circumstances as you may be able to file a grievance against hospitals.