San Antonio VA Claims Lawyer

San Antonio VA Medical Malpractice Lawyers

The San Antonio VA medical malpractice lawyers at Janicek Law are dedicated to helping veterans and their families navigate the complexities of VA medical malpractice claims. Under the Federal Tort Claims Act, if a veteran suffers due to a negligent or wrongful act by a negligent federal government employee at a VA facility like Brooke Army Medical Center, they may be entitled to file a medical malpractice claim seeking monetary damages. Our experienced VA malpractice lawyers understand the intricacies involved in proving that a government department is liable for the harm caused, ensuring that you receive the compensation you deserve for the negligence endured.

If you have suffered due to a negligent federal government employee at Brooke Army Medical Center (BAMC), our experienced San Antonio medical malpractice lawyers want to take on your case. Call our law firm today at 210-366-4949 to schedule a free consultation today.

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Malpractice Claims at Brooke Army Medical Center (BAMC)

Brooke Army Medical Center (BAMC) in San Antonio, TX is one of the many VA hospitals across the nation. More specifically, BAMC is the Department of Defense’s largest VA medical facility and its only Level 1 Trauma Center.

Malpractice claims at Brooke Army Medical Center often involve instances where patients have suffered due to medical negligence or errors. This esteemed military medical facility is expected to uphold the highest standards of care, but when lapses occur, they can result in severe consequences for patients.

Common issues include misdiagnoses, surgical errors, medication mistakes, and inadequate treatment. Victims of such negligence may pursue legal action to seek compensation for their injuries, pain and suffering, and other damages.

Filing a malpractice claim against Brooke Army Medical Center requires navigating complex legal and military procedures, making it essential to have experienced legal representation to ensure justice and proper compensation.

FTCA Claims

There are many types of medical negligence that people can sue for. Listed below are the types of medical malpractice claims that our San Antonio VA malpractice lawyer team handles regularly.

Can You Sue the VA for Malpractice?

Yes, you can sue VA hospitals, clinics, and doctors for medical malpractice, especially if you can directly prove that their negligent or wrongful act caused your illness or injury. 

Can You Sue the VA For Wrongful Death?

Yes, you can sue VA doctors, clinics, and hospitals for wrongful death if you can directly prove that their negligent or wrongful act caused wrongful death. While the deceased victim cannot file a lawsuit against a VA medical facility or doctor, surviving family members can sue the Department of Veterans Affairs on their behalf. 

The San Antonio VA malpractice lawyers at Janicek Law have the skill and experience necessary to successfully litigate medical malpractice and wrongful death claims filed against the Federal Government.

What is the Federal Tort Claims Act (FTCA)?

The Federal Tort Claims Act (FTCA), passed in 1946, is a federal law that allows an injured person to file a lawsuit against a federal employee and/or entity. This means that an injured person (or the family member of a deceased person) could sue the VA system (a doctor, hospital, outpatient clinic, etc.) for medical malpractice.

What is a Negligent or Wrongful Act Under FTCA?

Under the Federal Tort Claims Act (FTCA), a negligent or wrongful act refers to an action or omission by a federal employee that breaches the medical standard of care expected in their professional duties, resulting in harm or injury. This could include medical errors, failure to diagnose, improper treatment, or any other conduct that deviates from the accepted practices and procedures in their field. For a valid claim to be successful under the FTCA, it must be demonstrated that the federal employee’s negligence directly caused the injury or harm experienced by the claimant.

FTCA vs. Section 1151

Section 1151 claims are very similar to federal tort claims. The U.S. Department of Veterans Affairs states the following under Section 1151:

“If you suffered an added disability – or your existing injury or disease got worse – while you were getting VA medical care or taking part in a VA program designed to help you find, get, or keep a job, you may be able to get compensation.”

The Federal Tort Claims Act (FTCA) is broader in scope compared to Section 1151. Under the FTCA, you can sue the VA for any negligent act that caused injury, illness, death, or financial loss, such as tripping on a broken staircase in a VA hospital. Section 1151, however, is limited to personal injury or wrongful death directly resulting from negligent care by a VA doctor or facility.

Financial compensation differs between the two. Section 1151 provides monthly disability compensation based on the impact on workability, while FTCA claims result in a lump-sum payment for overall pain, suffering, and economic loss. FTCA claims are more complex and harder to prove, requiring more documentation and evidence, making experienced legal representation crucial for both types of claims.

Can You Recover Damages from an FTCA Claim and a Section 1151 Claim?

Yes, you can file both types of claims and potentially receive benefits from both claims. A VA medical malpractice lawyer at Janicek Law can help you determine if you have grounds to file one or both claims, depending on the specific facts of your case. Additionally, we can help you fill out all the necessary paperwork and prove that negligence occurred within the VA system.

It’s important to note that if you do recover compensation from both types of claims, it will be “offset” in order to prevent you from being compensated twice for the same injury. This means that you will not receive VA benefits until the total amount of benefits withheld by the VA adds up to the total amount of your FTCA settlement.

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How to File an FTCA Claim

The VA medical malpractice lawyers at Janicek Law will walk you through the entire claim filing process. But still, here is a general idea about how this process works.

The Federal Tort Claims Act (FTCA) process begins with filing a Standard Form 95 (SF-95) with the appropriate federal agency. This form must include a detailed account of the incident, the injuries sustained, and the amount of compensation sought. Along with the SF-95, it’s essential to provide supporting documentation, such as medical records, witness statements, and evidence of negligence.

Once submitted, the federal agency has six months to investigate and respond to your claim. They may either accept the claim and offer a settlement or deny it. If the agency denies your claim or provides an unsatisfactory settlement, you have the right to file a lawsuit in federal court.

Filing an FTCA claim is a complex process that requires careful attention to detail and a thorough understanding of federal procedures. The VA malpractice lawyers at Janicek Law are experienced in navigating the intricacies of the FTCA process. We assist clients in preparing comprehensive claims, gathering the necessary documentation, and providing strategic legal representation. Our goal is to maximize your compensation and ensure a smooth, efficient process, allowing you to focus on your recovery while we handle the legal complexities.

At Janicek Law, our VA malpractice lawyers are adept at handling FTCA claims. We assist in meticulously preparing your claim, ensuring all necessary documentation and evidence are included. Our team provides strategic guidance throughout the investigation and, if needed, represents you in federal court. Our goal is to maximize your compensation and alleviate the stress of the legal process, allowing you to focus on recovery.

Compensation in Military Service Member Medical Malpractice Claims

The Department of Defense (DoD) has published a Final Rule in the Federal Register updating the medical malpractice claims process for Active-Duty Service members. This new rule eliminates the offset requirement for non-economic damages, ensuring Service members can now receive full compensation for pain and suffering, physical discomfort, and loss of enjoyment of life without deductions. Previously, any payments from the DoD and the Department of Veterans Affairs related to medical malpractice would offset the total claim amount.

Federal Tort Claims Act Statute of Limitations

The Federal Tort Claims Act (FTCA) has a statute of limitations that requires a claim to be filed within two years from the date the claimant becomes aware of the injury and its cause. If the claim is denied by the federal agency, the claimant has six months from the date of the denial to file a lawsuit in federal court. It’s crucial to adhere to these timelines to preserve the right to seek compensation under the FTCA.

San Antonio Military Medical Malpractice Lawyer

If you have received negligent care from a VA hospital – such as Brooke Army Medical Center (BAMC) – and you have suffered injuries, illness, death, financial loss, and/or significant emotional distress, you may have grounds to file a medical malpractice claim. The VA medical negligence lawyers at Janicek Law have the skill and experience necessary to help you recover a fair settlement on your behalf. Call 210-366-4949 to schedule a free consultation with our legal team today.

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