San Antonio VA Claims Lawyer

Can You Sue the VA For Wrongful Death in Texas?

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 San Antonio 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.