Military veterans who have been harmed by the negligent practices of a Department of Veterans Affairs (VA) doctor or surgeon may be able to file a claim for disability compensation and hope that the system respects your case. The other option is much more preferable: you can use the Federal Torts Claims Act (FTCA) and create a lawsuit of your own. With the help of our Albuquerque medical malpractice lawyers from the Law Office of James H. Wood PC, you can take matters into your own hand and pursue justice and compensation with confidence.
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In the typical medical malpractice claim, you can only create a lawsuit if a medical practitioner or someone directly related to your treatments or procedures does wrong and hurts you. In a Veteran Affairs injury case, the case can be created when the patient is injured at any time and by anyone who works for or helps the Department of Veterans Affairs. Imagine that you slipped on the wet floor of a hospital after a maintenance worker failed to put a warning sign. In a normal situation, you might have a personal injury case but not a medical malpractice one; if you are a veteran and receiving care from a VA program when you slip, you can create a case through FTCA despite it being a janitor that caused your harm.
The damages that you can pursue in an FTCA claim are also different from regular disability cases. Rather than just saying that your injury has stopped you from working, you can say that it has stopped you from working and triggered additional economic losses and hardships. You can also receive FTCA and VA case winnings in one sum upfront, if it benefits you, rather than having compensation staggered in small portions of the course of months and years.
Compensation that you can seek in your VA injury claim includes:
To file your FTCA claim with the Department of Veterans Affairs, you will have to file with the regional counsel office that controls the region in which you were injured; many people make the mistake of trying to file with their local office, despite having been hurt elsewhere. If you have been rewarded disability compensation for the same injury, such as through a Section 1151 benefit filing, this monthly compensation will freeze if you win an FTCA claim. It will only reactive once your winnings are completely offset. In order to minimize the offset, an accomplished personal injury attorney can construct your claim carefully.
For example: You require $100,000 for an injury caused by a VA doctor. You are granted $10,000 a month through Section 1151 benefits andyou win $50,000 in your FTCA claim. For the first five months, you will not get any Section 1151 benefits, for this would be equivalent to the monies earned through FTCA.