Veterans Affairs Medical Malpractice

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Thomas P. Valet
Attorney at Law
In Manhattan: (212) 921-5200
Long Island:  (631) 293-2300
Over 30 Years Experience and Over $500 Million Dollars in Settlements and Awards.
Pay No Legal Fees Until I Win or Settle Your Case! Convenient Offices in NYC and Suffolk County NY

VA Medical Malpractice Lawyer Thomas Valet

VA Medical Malpractice Lawyer Thomas Valet

Top Rated NYC Veterans Affairs (VA) Medical Malpractice Attorney in Manhattan New York. Legal Services Available Nationwide

Contact Tom Valet
Contact Tom Valet for a Free Consultation
What is Veterans Affairs (VA) Medical Malpractice?

Veterans Affairs medical malpractice is an act of carelessness committed by a doctor or other professional at the Department of Veterans Affairs (VA) who's duties or performance deviates from standard practices, resulting in harm to a VA patient. The majority of VA medical malpractice legal actions are filed against doctors who have neglected to provide reasonable care to a VA patient. VA medical malpractice holds VA employees accountable for behaving in a manner that will not cause harm to the patient. Negligence on the behalf of an employee at the VA can cause injury or even death, which the patient can legally recoup through compensation. When a VA patient is injured by a VA medical professional or other employee of the Department of Veterans Affairs, he or she has two legal resolutions available.
  • He or she can seek monetary damages under the Federal Torts Claim Act (FTCA)
  • File a claim with the VA for disability compensation, also known as a Section 1151 claim
When a veteran patient files a claim under Section 1151, he or she can only make a claim of injury resulting from a VA outpatient clinic, hospital, medical examination, surgery, or medical examination. Under the FTCA, a negligent act by any worker of the VA can be the basis of a medical malpractice lawsuit, including, for example, the cafeteria worker who's hot soup spill caused you get burned.

Monetary damages under the FTCA are not based on an assessment of how the patient's disability potentially prevents the ability to earn a living, such as with the VA's rating system, but rather the suffering and economic loss that has resulted from the injury. To file an administrative FTCA claim with the VA, within two years from the time of injury, the patient must file a Standard Form 95, Claim for Damage, Injury or Death with the VA Regional Council that is responsible for the region in which the injury occurred.

The claim should include the negligence the patient believed caused the injury, the injury, and a specific sum of damages he or she is seeking. It is important to calculate an exact number because the court will not reward any damages exceeding the amount the patient asks. In addition, the VA patient will also need to submit a statement from his or her treating physician, a VA medical exam report, itemized bills for medical expenses, a statement from his or her employer about time away from work, and itemized bills for medical expenses.

If the VA denies the patient's administrative VA claim, he or she will have six months from the date of that denial to file an FTCA lawsuit. If the patient does not file his or her lawsuit within this six month period, he or she may lose their right to receive monetary damages in federal courts. VA patients need a personal injury or disability lawyer to file his or her FTCA lawsuit. FTCA cases can be challenging to win and can take a surmountable amount of time to confer, not to mention, it may be difficult to calculate exact damages on your own.

If you believe you have been injured as a result of VA medical malpractice, Tom Valet is an experienced Veterans Association Medical Malpractice Lawyer and can provide the expert assistance needed to file your FTCA claim and assist you through every step of the process to help ensure success.
Top Rated NYC Veterans Administration (VA) Medical Malpractice Attorney in Manhattan New York Wins $1 Million Malpractice Settlement
Army Vet Gets $1 Million for a Spinal Injury During Surgery

Tom specializes in representing veterans in malpractice cases against the Department of Veterans Affairs which runs the VA Health Care System. In this case, his client was a 49-year-old Honorably Discharged Veteran of the United States Army. During her service, the client had injured her foot and leg. A spinal stimulator was implanted to reduce pain. The stimulator needed to be replaced. During surgery to implant a new stimulator, the client’s spinal cord was damaged. She developed bilateral foot drop and could not walk normally.

Tom filed a suit under the Federal Tort Claims Act. Almost immediately, the Government wanted to discuss settlement. Both parties agreed to a non-binding mediation, and the case settled for $1 million. The settlement was significant because the client lived in Wisconsin, which has a $750,000 cap on damages which applied to this federal case. 

Despite the cap, Tom was able to get the Government to settle the case for $1 million for his client.
VA Medical Malpractice vs. Negligence

Medical malpractice and negligence are two legal terms that often used interchangeably; however, they vary considerably.

Medical malpractice is a specific term that evaluates a standard of care in addition to the professional status of the caregiver. In other words, the person engaging in the harm must be a professional. Medical malpractice is defined by the courts as the failure of a professional person to behave in agreement with existing professional standards or failure to foresee outcomes that a professional person, having the necessary education and skills, should foresee.

Negligence, on the other hand, is a more general term that signifies behavior lacking in due care, carelessness, and a deviation from the standard of care that a responsible person would use in a particular situation. Anyone, including non-medical professionals, can be negligent. In order to prove malpractice or negligence in court, the following elements must be established:
  • Responsibility owed the patient
  • Violation of the responsibility owed to the patient
  • Causation
  • Injury
  • Damages
The degree of accountability for medical malpractice and liability depend on the level of the professional. Not only are medical malpractice and negligence different in meaning, but they also differ in how they must be filed. For instance, medical malpractice actions must satisfy special requirements that include expert affidavits, merit certificates, statues of repose, and shortened limitation periods; whereas, actions involving negligence need not fulfill those requirements.

Sometimes legal documents can be confusing and time consuming, which may cause many VA patients to become frustrated and forfeit their right to a legal claim.

Our NYC VA Medical Malpractice Attorney, Tom Valet, can help take the guesswork out of filing your claim by filing your FTCA administrative claim for you in addition to making sure you understand what is required of you, as well as the VA. When necessary, we can also file your FTCA lawsuit for you, and in and the proper time, to help ease the process. His services are available nationwide.
Tom Valet NYC VA Medical Malpractice Lawyer in Manhattan New York Wins $3.25 Million Verdict and Settlement in MRSA Infection Case
$3.25 Million Verdict and Settlement in MRSA Infection Case

Tom’s client in this case underwent routine abdominal surgery. After the operation, the surgical wound became infected. Cultures of the infection showed the client had MRSA, but of a type that could be treated by certain antibiotics.  

The client’s physician, however, did not order antibiotics, instead choosing to drain the infection and observe it. The infection persisted for several months and caused significant damage to the muscles and tissue of the client’s abdomen. 

The case was tried to a jury verdict, using evidence that Tom had developed in preparing the caseThe jury returned a verdict of $3.25 million and the case was subsequently settled for a confidential sum.
Some Common Examples of Veterans Association (VA) Medical Malpractice Claims

Thomas Valet, VA Medical Malpractice Lawyer specializes in various VA medical malpractice cases. Some of the most common examples of VA medical malpractices claims include:
  • Wrong Medication Administered or Prescribed The VA medical facility has a responsibility to both diagnose and treat VA patients conditions effectively. If a doctor at a VA medical facility prescribes the wrong medication and has left a patient medically abandoned, it could prevent the patient's condition from being properly treated, or prevented. Therefore, the patient has a right to seek compensation for his or her injuries due to the misdiagnosis of their condition.
  • Delayed Treatment Some of the most common claims involving VA medical malpractice are associated with a delay in treatment and diagnosis. In fact, it is estimated that more than 20 VA patient deaths were due to a delay in cancer diagnosis in one particular VA medical facility alone (1). Cancer deaths have also been linked to delayed diagnosis at other VA hospitals throughout the country. Injuries that arise due to substandard care, such as delayed treatment, may result in the VA being required to compensate the injured VA patient or his or her surviving family members under the FTCA.
  • Surgery on the Wrong Body Part Another common VA medical malpractice complaint is performing procedures on the wrong body parts, such as amputating the wrong leg. Such devastating procedures have long term effects. Wrong Site, or Wrong Body Part, surgery is completely avoidable, which is why if you are a victim of wrong site surgery caused by a doctor employed at a VA medical center, you may be eligible for a VA medical malpractice claim.
Contact NYC VA Medical Malpractice Lawyer Tom Valet for a Free Legal Consultation
Contact Tom Valet for a Free Consultation

Contact NYC VA Medical Malpractice Lawyer Tom Valet for a Free Legal Consultation

One of Tom's passions is helping military veterans, and not just professionally, but personally too. Tom has great respect for your dedication and service to our country.

That is why Tom has chosen to specialize in medical malpractice cases for veterans. As a military person, you were taught to follow orders without question, and you may feel like you don't have rights. If you believe you have suffered any damages from treatment at a VA Hospital nationwide, you have to contact Thomas Valet for a legal consultation.

You do have rights, and you are entitled to financial compensation for your damages. Tom can handle all this for you and will represent you with your best interests in mind.

Thomas Valet has Legal Offices in NYC Manhattan New York 10038 and on Long Island in Islandia in Suffolk County NY 11749, 
Located Near Nassau County NY. Pay No Legal Fees Until Tom Wins or Settles Your VA Medical Malpractice Case.
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