Can I sue the VA hospital in Memphis, Tennessee for medical malpractice due to a delay in treatment?

The VA hospital in Memphis, Tennessee treats thousands of veterans every year, but a report shows that at least 3 patients died recently due to a delay in treatment or mismanagement. In fact, hundreds of veterans across the country have died as a result of delays in treatment at hospitals owned and operated by the Veteran Affairs Administration. Since 2001, the VA has paid millions of dollars to settle at least 167 lawsuits where the VA itself listed “delay in treatment” to describe the lawsuit. The VA even admits that 23 people have died due to delays in treatment. This may be only the tip of the iceberg. So the question becomes, can the federal government be held accountable for this deplorable conduct?

The Federal Tort Claims Act

Individuals who are injured or killed due to the negligent conduct of a federal employee—including doctors, nurses and other employees of VA hospitals—may be able to bring a lawsuit under the Federal Tort Claims Act (“FTCA”). It is important to understand that active military personnel cannot file a claim under the FTCA. However, veterans can file a claim. Filing a claim under the FTCA can be difficult and confusing, and there can be severe repercussions—such as dismissal of the case—for certain mistakes made in the process. Therefore, it may be wise to contact an experienced FTCA attorney to assist you in the process. The general process is as follows:

File an Administrative Claim – The first step to an FTCA lawsuit is to complete and submit a Standard Form 95 (“SF-95”)to the appropriate governmental agency. Typically the form must be filed within two years of the date of injury. The form includes information such as the date of injury and description of complaint.
Six Month Waiting Period – Once the SF-95 is submitted, the injured party must wait at least six month before filing a lawsuit or until the government rejects the claim. After the six month period, or if the VA rejects the claim, the injured veteran can file suit in the United States District Court.
Limits on Attorney Fees – If the case is settled in the administrative process before a lawsuit is filed, the most an attorney can charge the client is 20%. After a lawsuit is filed, the attorney may charge up to 25%.
No Right to a Jury – FTCA cases are decided by the Federal District Court Judge where the action is filed. FTCA claimants do not have the right to a trial by jury.
Should you have any questions or concerns about your rights, please contact the attorneys at Greer Injury Lawyers for a free consultation. Don’t wait. Call us today at 1-888-470-9143.