Our Pittsburgh Attorneys Represent Military Members in Medical Malpractice Cases
Anyone who has served in the armed forces is entitled to receive medical care at a military or veteran facility. The fact that a healthcare provider works for the federal government does not mean that he or she is incapable of making mistakes. Moreover, federal employment status does not protect such parties from being named in a malpractice lawsuit.
A lawyer can help with your claim
Because employees of Veterans Administration (VA) hospitals and other military facilities work for the federal government, bringing a claim against one or more of them means suing the government itself. A doctrine known as sovereign immunity normally protects the government from litigation. However, there is an exception to this doctrine. It is the Federal Tort Claims Act (FTCA). This act allows parties that receive personal injuries, including those from medical malpractice, to sue the government for a redress of their grievances.
On occasion, the healthcare professional who caused you harm is an independent contractor who does not work directly for the government. In a case like this, the professional may be sued without having to bring a claim against federal agencies.
Becoming involved in a lawsuit can be very stressful. Whether your complaint is against an individual provider or the government itself, a malpractice lawyer is crucial to establishing solid grounds for your claim.
What is involved in a FTCA claim?
In order to get the benefits that you need and deserve, you must file your claim within two years of learning about the existence and cause of your injuries. You need to file a Standard Form 95 with the government, which makes the appropriate healthcare agencies aware that you expect compensation from them for the harm done to you.
The medical facility named on the form has six months to review it and to determine what, if any, benefits will be paid. The claim can be paid in the full amount requested or less than the amount requested, or it can be rejected altogether. If your claim is rejected, the FTCA allows you six months to file a lawsuit in federal court. Whatever the case, a Pittsburgh medical malpractice attorney from The McClelland Law Group will advocate on your behalf for the appropriate compensation.