How To Build A Solid VA Medical Malpractice Lawsuit

Do you think you can file a lawsuit against the government because of their negligent actions? Most people think that it’s less likely to happen, but actually, it is. In fact, you can sue the government if it does something that may have caused you injuries and damages. One example would be filing a lawsuit against the Department of Veterans Affairs (VA) hospital due to medical malpractice.

VA medical malpractice happens when a veteran suffers an injury or harm because of negligent medical treatment provided by medical professionals at a facility under the department. Like most cases, you may be entitled to receive compensation for all the damages you’ve sustained. It could be in the form of economic, non-economic, and future damages.

However, proving it in court won’t be as easy as it seems. So, if you or your loved one has experienced or is currently experiencing this kind of poor treatment, then visit this site. These legal experts will help you understand your rights and help you build a strong foundation for your case.

Moreover, here are the things you might need to do to strengthen your VA medical malpractice lawsuit:

1. Establish The Doctor-Patient Relationship

One of the essential elements that’ll help you is proving that there’s a doctor-patient relationship between you as a patient and your doctor. If a licensed physician provides you with medical treatment, then there’s a duty of care that should be expected from them or other medical professionals who’ll take care of you.

From a legal perspective, the duty of care is the utmost responsibility to provide quality treatment as expected from a competent doctor, nurse, surgeon, or any medical professional. Even the newly certified practitioners would be expected to provide the same level of care as someone with more experience when performing the same treatment.

2. Prove That There’s Breach Of Duty

The second crucial element you have to prove is the breach of the medical professional’s duty of care. As mentioned above, all medical practitioners, whether they’re new or not, should provide the same quality of care that’d be performed by a similar professional executing the same task. 

In addition, it’d be best to understand that not all bad results are a product of negligence. For example, the patient died during the treatment because of their worsening condition. Sometimes, death is inevitable, especially in high-risk patients. That’s why proving there’s a breach will be difficult.

To prove that there’s a breach of care, you’d need a statement from another medical expert saying that the standard level of care wasn’t executed correctly in your case. Moreover, here are some situations where the breach of duty could happen:

• Misdiagnosis

This occurs when the doctor fails to read and analyze the patient’s test results. Because of this, wrong forms of treatment could be given to the patient. For example, the patient received treatment to address kidney stone problems. However, it’s found out that the patient’s true condition is appendicitis, which has similar symptoms to that of kidney stones. In severe cases, some patients receive amputation even if they don’t need it during their treatment.

• Delayed Diagnosis

This occurs when the doctor fails to release the diagnosis in a reasonable amount of time. Because of this, treatment will be delayed, and the condition of the patient may worsen. This would require a new diagnosis based on the current condition of the patient, especially when they experience new symptoms because of delayed treatment.

• Surgical Error

This is one of the most dangerous situations that could happen to the patient. It occurs when the surgeon or one of their team members creates a mistake during the operation. This could be performing wrong incisions, damaging healthy tissues, puncturing the organs, or operating the wrong body section. In most severe cases, surgical malpractice may lead to wrongful death. 

• Medication Error

Medications should make people feel better. However, if they’re improperly administered, they may cause serious medical conditions. Medication errors occur when the doctor fails to warn the patient about the medicine’s side effects and gives the wrong medication. This negligence may lead to allergic and harmful interactions, especially when taking other medication. 

These are medical errors that often result in severe damages and injuries. If you suffer from any of these at a VA facility, you might need to contact a medical malpractice lawyer as soon as possible.

3. Establishing Direct Cause Or Cause In Fact

If you want to claim that a medical professional or organization is responsible for your suffering, you’ll be required by the court to prove it. You should prove that the defendant’s negligence is the primary cause of your injuries and damages. This is called the but-for causation. For example, but for the doctor’s negligent actions, would the patient’s injury have occurred? 

4. Stating The Damages

This is the part where you have to prove there has been a breach of duty during your treatment. Also, you’ll need to present the damages the patient sustained such as economic, non-economic, and future damages.

That being said, you’ll need to gather the evidence and documents that may help you prove these damages. These include the following:

• Completed Form-SF95 and VA Form 10-5345, stating the damages and claims
• Medical records, including the diagnosis, doctor’s notes, hospital orders, and bills
• Document stating future medical expenses
• Proof of loss of income due to injuries suffered
• Statement from your company regarding your leaves
• Expert opinion stating the proof of your case

Once these documents are in place, your lawyer will submit the completed forms to the VA. It’s up to them whether they’ll accept, deny, or ignore your claims. Unfortunately, claims are often ignored unless you take them into court.

Final Words

Pursuing a lawsuit against the Department of Veteran Affairs won’t be as easy as filing a claim. To be the victor in court, you’ll need help from an experienced VA medical malpractice lawyer. They’ll help you understand the nature of your injuries, create factual claims with the elements presented above, and inform you about your possible legal options.

In addition, you might be concerned about the legal fees of hiring a legal expert. Fortunately, most personal injury lawyers work on a contingency basis, meaning you’ll only pay them if you win. So, don’t think twice and hire someone who will help you facilitate the essential elements to get the compensation and justice you deserve.