Malpractice Lawyers Fighting for the Justice Our Veterans Deserve
- 40 Years of Experience
- Over $3 Billion Won for Our Clients
- Thousands of Lives Changed
Veterans have put their lives on the line to keep our country safe, and they have a right to safe and competent medical treatment even after they’ve left active duty service. If you are a veteran of the armed forces and suffered as a result of the negligence of a Department of Defense healthcare provider, you may be wondering if you have grounds for a medical malpractice claim.
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What Is Veterans Medical Malpractice?
How do you know if your injury warrants a lawsuit and, if so, what can you expect from the litigation process? Common examples of veteran medical malpractice include:
- Errors before, during, or after surgery
- Diagnostic errors, including failure to diagnose illnesses such as cancer or heart disease
- Medication errors, including the incorrect drug or improper dosage
- Lack of informed consent (also known as medical battery)
- Premature discharge from inpatient care
- Inattention to patient medical history
- Poor follow-up or aftercare
What Do You Need to Prove in a Veteran Medical Malpractice Case?
All malpractice cases require a legal team who is equipped with the knowledge and experience to take your fight all the way when seeking a verdict or settlement to recover damages for your injuries. Military malpractice lawyers who focus on these types of cases understand the complexities of the Federal Tort Claims Act—the law that governs lawsuits against the federal government—as well as the complexities of medical injuries, and have the experience to work with you to prove that your case meets the criteria for malpractice:
- A doctor-patient relationship existed. By taking you on as a patient, your doctor agreed, by Hippocratic oath, to administer safe medical care, from performing surgery to prescribing medication. Proving that the doctor-patient relationship existed—and, therefore, that your doctor had a duty to provide a reasonably competent level of medical care—is the first step in establishing that you may have a right to file a malpractice case.
- The doctor was negligent. To win a medical malpractice case, you will need to prove a “breach of duty.” This refers to the fact that your doctor violated the established standard of care. You’ll need to demonstrate that another reasonably competent doctor, under the same circumstances, would not have made the same mistakes that caused your injury or illness. To strengthen your case, it helps to have a firm representing you who has both the resources and knowledge to bring in the best medical experts to explain to a jury what the medical standard of care is and how your doctor violated that standard.
- The doctor’s negligence caused harm. Finally, you and your attorney will need to demonstrate the direct link between your doctor’s negligence and your injury, which also requires the attention and support of a medical expert who can explain why it was the negligence, and not your illness or other circumstances, that resulted in the harm caused. To maximize your recovery, your lawyer will provide evidence of damages, including physical pain, emotional trauma, additional medical bills, and lost work and/or wages.
How Are Veteran Medical Malpractice Cases Resolved?
The process for filing a case against a Department of Defense healthcare provider is complex, and you can expect an even bigger fight in cases involving catastrophic injuries, like brain injuries, birth-related cerebral palsy, paralysis, cancer misdiagnosis, amputation errors, mistreatment of sepsis, facial disfigurement, and even death.
- The first step of handling a veteran medical malpractice claim is the administrative process. Instead of going to the local courthouse, you would fill out a Standard Form 95, with which you claim negligence against your doctor and seek compensation for your suffering from the government directly. To be eligible, this process must be started within two years of the “discovery” date—the time at which the injury occurred.
- After you have filed your claim, the government has six months to investigate your claim before paying out compensation. If your claim is denied, or if the agency takes no action after six months, it can be filed as a civil lawsuit.
Fighting to Secure Record-Breaking Military Medical Malpractice Verdicts
Just as the military has dedicated their lives to our country, we’ve dedicated our lives to helping our veterans when they need it most. At Janet, Janet & Suggs, we’ve been pursuing justice for service members, veterans, and their families for over 40 years.
- $15.1 Million for Mismanaged Delivery: A trial award by a Tennessee federal judge against an Army Community Hospital whose improper fetal monitoring during delivery—and failure to properly inform the mother of specific risks—led to her child suffering hypoxic-ischemic brain injury, causing cerebral palsy and resulting in lifelong neurological deficits.
- $13 Million for Poor Post-Operative Care: A settlement in Hawaii in a case against a U.S. government-employed healthcare provider whose poor post-operative care resulted in brain damage and cerebral palsy.
- $11.5 Million for Delayed Resuscitation: A settlement obtained on behalf of a family whose child suffered delayed resuscitation at a U.S. Naval Hospital in Guam, resulting in acute hypoxic-ischemic brain injury.
Meet the Lawyers of JJS’s Military Malpractice Division
In 2019, the Department of Veterans Affairs expanded veterans’ access to private healthcare facilities through the VA Mission Act, claiming that this would increase the number of veterans eligible to receive such access from 8% to 40%. Veterans who received substandard care at one of these non-VA facilities (known as community care providers) may still be eligible to file a lawsuit to recover damages.
Navy veteran Ken Suggs is one the nation’s top Plaintiff’s attorneys. He served as President of the Association of Trial Lawyers of America (now known as American Association of Justice), the leading plaintiff’s bar association.
Giles Manley, MD, JD is a Board-Certified physician who practiced medicine for 20 years before becoming a premier medical malpractice attorney.
Andrew Janet is a former Executive Editor of the NYU Law Review who recently called upon his extensive knowledge of the intricacies of FTCA law to help defeat the government’s attempt to avoid liability in a tragic birth injury case on a legal technicality.
Natalie D’Antonio, a tough and seasoned former government lawyer, uses her insight into how the government handles lawsuits to tirelessly advocate for women and children harmed by the negligence of others.
If you were a victim of military medical malpractice, we will fight for the justice you and your family deserve. Contact us today for a free, no-obligation consultation, and we’ll get to work pursuing the best possible recovery for your case.