The Veterans Health Administration was established by the United States government to provide medical services to veterans. The program formulated the creation of medical centers to help veterans and is run by the United States. The physicians and medical providers at the facilities are typically considered employees of the United States.
As with all types of medical facilities, sometimes medical providers make mistakes and cause harm to people. A medical "mistake" or "error" is typically defined as whether the provider deviated or departed from generally accepted medical standards. In essence, did they do something that would not be considered generally acceptable within the medical community? To evaluate that issue, the DeFrancisco & Falgiatano Personal Injury Law Firm consults with medical experts all outside of the local area to objectively and fairly determine if a medical error occurred.
Procedurally claims against the Veterans Administration (VA) are different than claims for other medical negligence or medical malpractice cases since the program is run by the United States government. Along the same lines, the statute of limitations is also different than other cases. Claims against the VA need to be filed within 2 years of the incident. Furthermore, it is mandatory that a federal tort claim act form (Form 95) be filed first before any suit could be commenced. Cases against the VA are all pursued in federal court. If the medical provider who was negligent was an employee of the VA, the only named Defendant in the case would be the United States government. This is because the United States government provides protection to their medical providers and assumes responsibility for any negligent care that was provided. Sometimes there are circumstances where there are providers who are not employees of the VA that may have also provided negligent care. In that circumstance, sometimes clients could have concurrent state and federal actions. Since the state and federal court rules and procedures are different, it is important to have legal representation who is familiar with both court systems.
The DeFrancisco & Falgiatano Personal Injury Law Firm has extensive experience handling claims against the Veterans Administration. Our entire practice is dedicated to helping injured people. Contact us if you or a loved one was injured as a result of care provided by the Veterans Administration. We will obtain an objective evaluation of the care and treatment that was provided. Consultations are always free and you are never responsible for any legal fees unless we are able to recover money for you.
Serving Veterans in Syracuse and Update New York
To speak with an attorney about your injury at the Veterans Administration Medical Center, call DeFrancisco & Falgiatano Personal Injury Lawyers at 315-479-9000 or contact us online. We offer evening and weekend appointment as well as home and hospital visits.