Our Michigan medical malpractice lawyers recently settled a Veterans’ Administration medical malpractice case involving care and treatment provided to a veteran at a VA Hospital. The case alleged that several physicians’ failed to recognize that a ureter stint that was supposed to have been removed after a kidney surgery was not removed and remained in the patient for six months. As a result of the stint being negligently left in the patient, he developed kidney failure and needed to have has kidney surgically removed. This was an otherwise healthy kidney and would not have been lost if not for the failure to remove the stint.
When medical mistakes occur at Veterans Administration Hospitals or by physicians and nurses at those VA Hospitals, including surgery errors, medication mistakes, the failure to diagnose a medical condition, and other types of errors, a medical malpractice lawsuit can be filed. In cases involving a death of a Veterans Hospital patient, the Veteran’s surviving family can file a wrongful death lawsuit.
On behalf of the veteran, we filed the required Form 95 to preserve the claim under the Federal Tort Claim Act. We then fully investigated the case and obtained medical expert opinions to support the claim. Prior to filing the lawsuit, we were able to reach a settlement with the attorney for the Veterans Administration Hospital.
In the United States, the right to allow servicemen, military dependents, and other non-active duty victims of negligence to file the malpractice lawsuit and sue government agencies in federal court for injury committed is called the Federal Tort Claims Act (FTCA). There are strict procedural requirements for filing a military medical malpractice case under the Federal Tort Claims Act. These include submitting necessary forms and filing claims even before a lawsuit is filed. A veteran who fails to file a claim under the specified requirement can have a valid lawsuit barred from being pursued. This is why it is very important that a Veteran who suffers injuries due to medical malpractice at a VA Hospital contacts an experienced Veterans Administration Hospital Malpractice attorney immediately.
At Buckfire & Buckfire, P.C., our malpractice lawyers have significant experience in these types of cases and have a track record of obtaining sizeable settlements for injured Veteran’s and their families. Call our office now at (800) 606-1717 to speak with one of our top rated attorneys. We will start working on your case immediately gathering all the medical records and ensuring that all the procedural requirements for filing a VA malpractice case is followed so that your case is not barred forever.