How to File a VA Claim

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VA medical care delay lawsuit | Preventable death due to delayed care | Delayed diagnosis claims

If you or a family member suffered an injury or died while waiting for care at a hospital operated by the Department of Veteran Affairs, you may be eligible to file a VA hospital claim for compensation. Medical malpractice lawyers with The Cochran Firm, D.C. are actively investigating claims related to delayed care at VA hospitals in Washington, D.C., Maryland, and Virginia.

How to File a VA Hospital Lawsuit

If you suffer an injury to action or inaction by a doctor, employee, or other agent of the Department of Veterans Affairs, you may either file a claim for disability compensation or seek compensation under the Federal Torts Claims Act (FTCA). If you choose to file an FTCA claim, it is prudent to work with an attorney experienced in filing VA hospital claims. Claims filed under the FTCA can be complex and challenging.

Only harm related to VA hospitals, medical exams, surgeries, or outpatient clinics is eligible for disability compensation claims under Section 1151. By contrast, any negligent actions by employees or agents of a VA hospital are eligible for medical malpractice lawsuits under the FTCA.

When filing a VA hospital lawsuit, the initial step is filing a Standard Form 95, which indicates an administrative FTCA claim with the Veterans Health Administration. The statute of limitations for filing a claim is usually two years subsequent to an injury. The initial claim is filed with the VA Regional Counsel for the VA hospital where the injury or death occurred.

Each claim needs the following information:

  • A description of the injury.
  • The negligent actions that caused the injury, such as an unreasonable delay in care that caused the death of a patient.
  • Damage amount. Your VA medical malpractice attorney can help you calculate this amount.

If the VA denies your claim, you will have six months to file an FTCA lawsuit. If the VA delays and does nothing for six months, you will have six months after the initial six-month period in which to file your FTCA lawsuit. Filing an FTCA lawsuit can be extraordinarily complex and may require the use of an expert, depositions, various records and reports, and other documents.

Contact the team of medical malpractice lawyers at The Cochran Firm, D.C. if you or a loved one was seriously injured due to delays in treatment at a VA hospital. Because strict time deadlines apply to these claims, we recommend contacting us as soon as possible in order to learn whether you have a valid claim. All initial inquiries regarding VA claims related to delays in treatment are free, confidential, and carry no obligation.

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The Cochran Firm handles Medical Malpractice, Catastrophic Personal Injuries, Motor Vehicle Accidents & Wrongful Death Claims for clients throughout the United States of America. The information on this website does not constitute legal advice nor form an attorney-client relationship. Please contact The Cochran Firm today to schedule a free consultation.
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