Over 1.5 million veterans reside in Florida, making it the third most populous state with veterans after California and Texas. These veterans make up 12% of the Sunshine State’s adult population. The U.S. Department of Veterans Administration (VA) must provide adequate medical services through Florida’s 73 outpatient and 7 inpatient care sites for veterans who deserve compassionate care after serving our country.
Unfortunately, many veterans face negligent care at VA healthcare facilities. Medical providers who fail to diagnose and treat veterans can adversely affect their quality of life.
The VA hospital attorneys at Nessler & Associates can help if you or a loved one experiences negligence at a VA hospital. With our legal representation, you can take action against the Veterans Administration under the Federal Torts Claim Act.
Medical Malpractice at VA Healthcare Facilities
Our attorneys at Nessler & Associates will gather your medical records and have an independent medical expert review them. Using this information, we can determine if any of the following types of incidents resulted in your injuries due to inadequate care at a Florida VA medical center:
A delayed diagnosis occurs when a VA medical provider fails to perform all the tests to diagnose your condition. They can be negligent if they fail to order an imaging test that could have revealed your symptoms and resulted in a late diagnosis.
Medical professionals may write the wrong medication, dosage, or frequency of when to take it. A healthcare staff member may administer a patient the wrong medication or give the wrong dosage. Hospitals and clinics cause approximately 100,000 deaths each year due to medication errors.
Doctors may give you too little or too much anesthesia before surgery. They may have also failed to monitor your vital signs during a surgical procedure in which you were under anesthesia.
Performing a surgical procedure without a medical necessity is considered unnecessary surgery. For instance, the surgeon can amputate the wrong limb or operate on the incorrect organ.
Can I File a Medical Malpractice Claim Against the VA Hospital?
If a negligent healthcare provider has committed malpractice at a Florida VA hospital, depending on your circumstances, your lawyer may recommend that you file your medical malpractice claim in one of two ways:
Federal Torts Claim Act
The Federal Torts Claim Act (FTCA) lets veterans sue VA hospital providers to get compensation for a personal injury. To file a medical malpractice claim, you must file a Standard Form 95 (SF 95) with your relevant medical documentation within two years of the medical malpractice incident. Once you submit your form, the federal government has six months to review your case and confirm whether to resolve or deny it.
Should the federal government deny your claim, you must sue in federal court six months after the denial date. If the government does not respond to your claim after six months, the FTCA still permits you to sue in court.
Section 1151 Claims
You may be eligible for disability compensation under Section 1151 if you sustained further injury or disability at one of Florida’s VA hospitals or clinics. Your disability requires all medical records showing your disability worsening over time. An attorney can help you gather all relevant evidence proving a VA doctor’s negligence caused your disability while in a VA hospital.
Missed deadlines and legal oversights when pursuing your claim can affect the outcome of your case and may result in the rejection of your lawsuit. Our law firm’s experienced Florida VA hospital lawyers can help you understand the applicable veterans’ laws and pursue a successful claim.
How Can a VA Hospital Attorney Help You in Florida?
An experienced Florida VA hospital attorney can represent you against the VA administrators to improve your chances of financial compensation. As part of our legal services, we scrutinize every aspect of your case and guide you through the process of filing your claim, which includes:
Medical Records Collection
We ask you to sign a release form to allow us to access your medical records for collection and analysis. We review your records for omissions in critical medical care. Surgical reports, nursing notes, pharmacy orders, and the discharge summary from the VA hospital may reveal discrepancies in your care.
Consultation with Independent Healthcare Experts
Our attorneys can discuss the details of your claim with independent medical experts. These experts can review all the evidence related to your case. They can testify about a VA hospital doctor’s negligence and what a competent, reasonable doctor could have provided in your case.
Calculation of Damages for Florida Medical Malpractice
The amount the FTCA gives for your claim depends on which state the negligent act took place. Your lawyer can assess your compensation for economic damages such as past and future medical bills and lost wages, including the loss of future business opportunities.
They can evaluate your non-economic damages for pain and suffering. However, these types of damages have a limit of $500,000 based on the severity of your injury under Florida medical malpractice law.
Legal Advocate for Your Right to Compensation
Your lawyer can help you appeal a government decision denying your claims. As your legal team, we define a compelling strategy to pursue the best outcome for you. We advocate for the right to a fair and comprehensive compensation package that adequately compensates you for the harm you have suffered at the VA hospital.
Call Our Florida VA Hospital Attorneys to Help You Pursue Your Claim
The Florida VA hospital lawyers at Nessler & Associates seek justice for veterans who suffered harm from preventable medical malpractice errors. We can help you assemble and present compelling evidence to prove VA hospital negligence caused your injury and disability.
Contact our offices today at (800) 727-8010 if you believe you are a victim of medical malpractice at a Florida VA hospital.