The Small Firm for Big Cases

VA Hospital Malpractice Attorney

The Veterans Administration (VA) hospital system provides healthcare to millions of military veterans every year across the country at 1,321 clinics and hospitals. However, the care can sometimes fall below acceptable medical standards and cause injury to those who have served our country. In fact, recent investigations conducted by USA TODAY found that VA hospitals across the country routinely hired healthcare providers with histories of committing malpractice and providing poor patient care. A similar investigation by the publication found that the VA concealed the mistakes of their healthcare providers, which allowed them to harm and endanger more patients.

At Youman & Caputo, we have significant experience representing veterans.  We have a VA Hospital medical malpractice attorney on staff who is a former active-duty U.S. Army Judge Advocate. We understand how to prosecute these claims and are ready to fight for justice on behalf of veterans injured as a result of medical negligence at VA hospitals and clinics throughout the country. Known as the “Small Law Firm for Big Cases,” we understand that every client deserves personal attention, especially when taking on large organizations and institutions in medical malpractice lawsuits.

If you or a loved one suffered an injury at a VA hospital or medical center due to medical malpractice or medical negligence, our military medical malpractice attorneys can help. Call today for a free and confidential case evaluation.

VA Hospital Malpractice Attorney

What Is Medical Malpractice?

Medical malpractice is a tort, or civil wrongdoing, that can give rise to a liability claim against the at-fault healthcare provide or institution that employs them. Medical malpractice occurs when an injured person and their attorney can show the following:

  • That the healthcare professional did not properly adhere to the recognized standard of care or acted carelessly or negligently during the diagnosis or treatment of a patient
  • That the healthcare professional’s carelessness,  negligence, or incompetence caused an injury or death  to the patient which would not otherwise have occurred
  • That the injury caused actual harm to the patient including physical harm, pain, impairment or disfigurement, medical expenses, loss of wages, loss of future wages, emotional trauma, or death

What Is the Federal Tort Claims Act?

The Federal Tort Claims Act (FTCA) is a federal law enacted in the United States in 1946. The FTCA provides limited exceptions to the sovereign immunity rule that protects the United States government from tort claims, including medical malpractice lawsuits. Before the FTCA, individuals could not sue the government for civil wrongs or injuries caused by an agency or its employees. Now, however, individuals have the right to sue the federal government in cases where they have suffered personal injury or property damage due to the wrongful or negligent acts committed by federal employees within the course and scope of their employment, including healthcare providers practicing at VA hospitals throughout the country.

If you suspect that you have grounds for filing a VA hospital malpractice lawsuit, discuss your situation with an attorney at Youman & Caputo. FTCA cases can be complicated; consulting with an attorney who has experience in this practice area is strongly recommended. This is especially true if your claim gets denied, as this means your case may have to go to trial in a federal district court. A lawyer can assist you with the litigation process and ensure you meet all applicable deadlines for a valid claim.

How Our VA Hospital Malpractice Attorney Helps

An attorney with experience handling medical malpractice cases against the VA under the FTCA can prove invaluable during a lawsuit. If you or a loved one is a victim of malpractice committed by a federal government health care provider, the right attorney can help in numerous ways, including:

  • Legal expertise: in-depth knowledge of VA medical malpractice cases and related laws, including the FTCA.
  • Handling the pre-suit administrative notice requirement:  the FTCA requires the service of an administrative notice of claim form (SF-95.pdf ( before filing suit and failure to complete or serve the form correctly can result in losing the right to sue.
  • Top-quality resources: the latest technologies to help present a clear and compelling case, as well as connections to highly qualified medical experts.
  • Aggressive litigation: the ability to deal with government agencies on your behalf to obtain the best possible results for your VA medical malpractice claim.
  • Federal procedure familiarity: adhering to all rules and regulations that are unique to VA health care systems, notice requirements, and lawsuits against the government.

Most importantly, your lawyer will care about you and your family throughout the legal process. Your lawyer will make sure you have everything you need to heal and recover during this difficult time. An attorney can guide you through the legal process and alleviate stress to give you as much peace of mind as possible.

Do You Need a Lawyer to Assist With Your Case?

It is in your best interests to work with a VA hospital malpractice attorney to investigate and file suit. These are nuanced cases where every detail matters. You could waste valuable time or money correcting common mistakes or lose the only two chances you have to present an administrative claim. The best way to protect your rights as a victim or family member is to consult with a law firm that has experience handling FTCA cases to present the strongest claim possible.

Potential VA Hospital Cases

Not every negative outcome in a healthcare setting can be considered medical malpractice. Typically, only outcomes that are the result of preventable errors or negligence represent valid medical malpractice claims.  This can include (but is not limited to):

  • Misdiagnosis or missed diagnosis of serious illness
  • Failure to properly monitor serious illnesses
  • Failure to diagnose cancer cases
  • Surgical cases, including foreign body cases (surgical implements left in a body cavity), wrong-site surgery cases (surgery performed on the wrong area of the body or on the wrong patient), and wrong procedure cases
  • Medication errors
  • Failure to properly diagnose or treat a heart attack or stroke
  • Failure to treat an infection
  • Birth injuries
  • Wrongful death from medical malpractice or negligence

To find out if you have grounds to file a VA hospital medical malpractice case, schedule a free consultation with the attorneys at Youman & Caputo.

What Damages May Be Available in Your Case?

You and your family may be eligible for a significant recovery with a VA hospital malpractice case. Each case is unique, victims can recover, and case values depend on factors that are exclusive to the case, such as injury severity. A victim with a permanent disability, for example, could be eligible for compensation for years of future estimated costs and losses.

Damages, or financial compensation, that may be available include:

  • Past and future necessary medical care
  • Rehabilitation and therapies
  • Loss of earnings and capacity to earn
  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Scarring or disfigurement
  • Loss of consortium

The best way to maximize your financial recovery as a victim of VA hospital malpractice is to hire an experienced and dedicated personal injury lawyer. A lawyer will seek the financial compensation that you and your family deserve using proven legal strategies. You can trust your attorney to advocate for your best interests every step of the way. Learn more by consulting with an attorney at Youman & Caputo.

At Youman & Caputo, Our Attorneys Can Help

If you or a loved one have been seriously injured as a result of negligence or malpractice on the part of a VA hospital medical provider, you have options. At Youman & Caputo, our VA hospital malpractice attorneys can help.  We understand these claims and are ready to help you and your family recover the compensation you need and deserve. Call today for a free and confidential case evaluation.  We will listen to your story, fully explain your legal options, and work tirelessly to get justice on your behalf.