Veterans And Medical Malpractice At VA Hospitals

Individuals who have served in the military rely on the Department of Veterans Affairs (VA) hospitals for essential medical care. In Maryland, facilities like the Baltimore VA Medical Center and the Perry Point VA Medical Center serve thousands of former service members each year.

While many veterans receive excellent treatment, mistakes can and do happen. To learn more about the recovery process following harm, have a conversation with a Baltimore personal injury lawyer.

The Challenge of Suing the Federal Government

Most patients injured by medical malpractice in Maryland would file a lawsuit in state court. Yet because VA hospitals are operated by the federal government, the process is different. Veterans cannot directly sue a doctor or nurse at a VA facility. Instead, claims must be brought against the United States government under a law called the Federal Tort Claims Act (FTCA).

The FTCA allows individuals to pursue compensation for harm caused by federal employees acting within the scope of their employment. This includes medical errors such as:

• Misdiagnosis or delayed diagnosis
• Surgical mistakes
• Medication errors
• Birth injuries
• Failure to properly monitor or treat a condition

Unlike standard malpractice lawsuits, FTCA claims come with special rules and strict deadlines.

For starters, before filing a lawsuit, a veteran must first file an administrative claim with the VA. This involves completing a standard form which details the injury, the alleged negligence, and the amount of money being claimed. The VA then has six months to respond.

If the VA denies the claim (or fails to respond within six months) the veteran can file a lawsuit in federal court. Importantly, the case will be heard by a federal judge, not a jury, which can affect how damages are assessed.

Reviewing Deadlines and Limitations

One of the most significant hurdles for veterans is the statute of limitations. Under the FTCA, a claim must generally be filed within two years of the malpractice incident. Missing this deadline can permanently bar recovery, no matter how strong the case.

Additionally, unlike in many private malpractice cases, punitive damages are not available under the FTCA. Veterans can recover compensation for medical bills, lost wages, and pain and suffering, but awards may be more limited.

Navigating an FTCA claim is complex. Veterans must meet specific filing requirements, calculate damages carefully, and comply with strict deadlines. The government often defends these cases aggressively, making it difficult for individuals to succeed without legal representation.

An experienced Baltimore personal injury lawyer can guide injured parties through the administrative process, build a strong claim, and fight for fair compensation in federal court. This legal support ensures that those harmed by medical negligence have a voice and a path to recovery.

Were you hurt in a VA hospital? Veterans deserve safe, effective medical care after serving their country. When there is negligence at a VA facility, pursuing justice is possible but the process can be daunting. With guidance from the attorneys at Iamele & Iamele, LLP, veterans can hold the government accountable. Contact us to book a confidential appointment and secure the compensation you need to move forward.