We owe so much to our veterans who have served our country so we can enjoy the freedoms which we cherish. Veterans have placed themselves in harms way and moved toward danger so we can remain safe.
One of the ways we attempt to honor our veterans is by providing veterans with free health care through clinics and hospitals operated by the Department of Veterans Affairs (VA). Unfortunately, veterans who seek medical treatment through VA hospitals and clinics can fall victim to medical negligence.
Because health care provided to veterans is from the VA, a federal agency, veterans who suffer medical malpractice can have a difficult time seeking a just remedy for the harm they have suffered.
A veteran who is a victim of medical malpractice due to VA health care must first seek an administrative remedy by filing a Claim Form 95 with the United States Department of Veteran Affairs. Claim Form 95 starts the process by which a veteran may receive appropriate compensation through the Federal Tort Claims Act (FTCA).
It is critical for a veteran who prepares a Claim Form 95 to have an experienced attorney help them prepare the form. A mistake in preparing Claim Form 95, including the remedy sought, can either bar a veteran’s right to recover or significantly limit the damages which the veteran can obtain.
If the veteran is not able to reach a just resolution as a result of the administrative process, the veteran is able to file a lawsuit in federal court assuming Claim Form 95 was filed in a timely manner and assuming the veteran files the federal complaint within the appropriate time period following rejection of the administrative claim. Again, the process can be complicated and the assistance of an attorney knowledgeable about veterans’ claims and the FTCA procedure is invaluable.
At Mossing & Navarre, LLC, we have extensive experience representing our veterans in medical malpractice claims arising out of care from a VA hospital or clinic. We have represented numerous veterans and obtained significant recoveries on their behalf. Contact us today for a free and confidential consultation to discuss the details of your case. Please call us at 312-262-6700 or contact us at www.mossingnavarrelaw.com.