Like all health care providers, VA doctors and other medical professionals employed by the Department of Veterans Affairs are required to follow established care standards. If they don't, patients can suffer serious injuries and have grounds to file a medical malpractice claim. Veterans injured by VA providers have two primary options for compensation in these types of claims. Learn more about this subject below.

Common Injuries

Medical malpractice injuries are caused by negligent acts that result in substandard treatment. Common examples include a misdiagnosis or delayed diagnosis; surgical errors, like operating on the wrong body part or leaving a surgical instrument inside the patient's body; mistakes in prescribing or administering medication; and failing to provide adequate aftercare.

FTCA and Section 1151 Claims

A veteran who has been injured by a VA provider can seek compensation through the Federal Tort Claims Act or through a Section 1151 claim. The FTCA allows a victim to file a medical malpractice lawsuit against any VA employee who has caused injury. This includes doctors, nurses, and other health care staff, as well as other VA employees. For instance, if you slipped and fell on a loose floor tile, you may be able to file a lawsuit against building maintenance.

Section 1151 is narrower in scope. It provides disability compensation for injuries resulting directly from VA medical care. Since this is technically a disability claim rather than a lawsuit, the paperwork tends to be less complicated and the evidence requirements less stringent.

Damages

The types of damages you can recover depend on whether you file an FTCA or Section 1151 claim. In a successful FTCA case, a victim may win compensation for medical care, lost wages, and pain and suffering. Damages are paid in a single lump sum.

In a winning Section 1151 claim, compensation is designed to provide ongoing financial support to the victim. The victim receives monthly disability payments for a predetermined number of years to help them make ends meet and maintain their living standards.

If you've been injured by a VA provider, explore your options in more detail by contacting Lee, Livingston, Lee, Nichols & Barron, P.C. Their attorneys are military veterans who are proud to work with fellow veterans and get them the needed compensation. Since 1948, they have been representing the Dothan, AL, area in all types of personal injury and workers' compensation claims, as well as in business law and real estate issues. Call (334) 792-4156 to schedule a consultation or visit their website to browse their services.