The VA Hospitals are controlled by the Department of Veterans Affairs (VA). The VA was created to enact the Veterans’ Rehabilitation and Employment Act of 1952. The VA is accountable to the United States Congress and is not considered a federal agency like other federal departments and agencies.
The VA provides health care and support services to America’s veterans through a network of clinics, hospitals, nursing homes, and other medical facilities staffed by VA medical professionals. The network of health care facilities is extensive, with 149 hospitals and over 1,800 community-based outpatient clinics located throughout the U.S. and its territories.
The Federal Tort Claims Act, or FTCA, is the law that permits federal government employees to be sued in their capacities. The FTCA says that any employee or agent of the federal government is not liable for any claim or action brought against them as long as what they did was in the scope of their employment or agency. In addition, it says that any employee who does an act that is within the scope of their employment but done with a malicious state of mind can be sued for personal damages. The FTCA does not only apply to VA employees and agents. It applies to all employees of the federal government.
However, the FTCA’s notice of claim requirements and 60-day statute of limitations apply to all claims brought against federal government employees, and claims must be brought within two years of the date of the incident that caused the injury. If a successful VA medical malpractice lawsuit is won and the court awards the compensation, the Department of Veterans Affairs may file a claim against the successful claimant’s compensation. If the successful claimant is a veteran, the VA may recoup any benefits that the veteran received related to the successful lawsuit. The Department of Veterans Affairs will seek to recoup the money from the claimant and may terminate the veteran’s benefits if they are in arrears payments or are still to receive payments.
Know Your Statute of Limitations
A statute of limitations is the amount of time a potential claimant has to file a claim against the government. The type of claim governs the statute of limitations. For example, a tort claim (medical malpractice) must be filed within two years of the incident, while a breach of contract claim must be filed within six years.
Remedies – You can seek two types of remedies in a VA malpractice lawsuit: money damages and equitable relief.
Money Damages – If you win your case and are awarded money damages, the money can be used to cover the medical costs associated with your treatment, including future medical expenses. In addition, you can recover lost wages, pain, suffering, and emotional distress damages.
Equitable relief – If the court finds that the defendant VA employee acted with malice, fraud, or gross negligence, you may be entitled to “equitable relief.”
Because VA medical malpractice cases are complex, having an experienced law firm is necessary. We have helped hundreds of veterans and their families obtain the compensation they deserve. Suppose you are a veteran who suffered an injury in the VA hospital, or you know a veteran who did. In that case, you should contact a veteran’s medical malpractice lawyer to discuss your rights and options to receive the compensation and care you deserve. If you have been injured in a VA hospital and need funding to get you through, contact Baker Street Funding today.