RESULTS MATTER
I retained Paul Padda after firing my other lawyer. Best decision I ever made! He did a fantastic job for me in handling my personal injury case. Always courteous and cares about his clients. Great office staff that cares about people. With Mr. Padda, I felt comfortable every step of the way. My first choice for a lawyer!
Paul Padda is a great attorney that cares about his clients. I hired him and was impressed. Very good in court and handled my case really well. He took the time to understand my case and cared about me as a person. He would be the first person I call if I need an attorney again.
Overview
If you were injured while being treated at the Department of Veterans Affairs (VA) in Chicago, Illinois, or anywhere else in the United States, we can help. Our VA malpractice attorneys and medical malpractice lawyers are skilled in cases alleging negligence by the VA and have a track record of success handling these cases throughout the United States. We work with highly skilled and knowledgeable medical personnel to evaluate cases and help you understand your legal rights. Our lawyers are licensed to appear in any federal court in the United States, so we can help a veteran in any state. If you are a veteran or the loved one of a veteran and you are looking for potential representation with a medical malpractice claim against the VA, you have come to the right place.
Suing the Veterans Affairs administration in Illinois or anywhere else requires highly skilled attorneys well versed in Federal Tort Claims Act (FTCA) claims. Our knowledgeable and experienced federal attorneys thoroughly understand the law and know how to get results. In fact, other lawyers routinely refer cases to us because they know we have the skills and experience to aggressively prosecute negligence claims on behalf of veterans. We acquired this skill by working with injury victims who suffered serious personal injuries while patients or visitors at VA facilities. Our founder, Paul Padda, is a former federal prosecutor and U.S. Department of Justice civil trial attorney who knows the intricacies of the federal system.
At Paul Padda Law, our entire staff takes tremendous pride in helping our Nation’s veterans receive the legal representation they deserve. Attorney Paul S. Padda has helped many veterans achieve justice. There is nothing more ironic or cruel than a veteran who has served his or her country only to return home and be subjected to malpractice by the VA.
If you need help understanding your legal rights regarding a potential claim against the VA, call our office today at (312) 702-7000. You can also get in touch with us through our website for a free and confidential consultation.
Medical Malpractice Claims Involving VA Hospitals
Medical malpractice can happen when a medical provider does not follow proper protocols and accepted standards of medical care, including in military hospitals and on base military clinics. If an Illinois VA or military doctor, nurse, or another medical practitioner’s mistakes caused you to suffer an injury or illness, then you should investigate whether you can seek compensation and justice through a military medical malpractice case. Unlike the average medical malpractice case, military medical malpractice cases are brought against the U.S. federal government, so the steps to justice can be much more difficult. It is always advised that you get an attorney who focuses on these types of cases on your side as soon as possible.
Examples of VA and military medical malpractice case types we accept in Illinois include:
● Birth injuries
● Labor and delivery errors
● Stroke misdiagnosis
● Kidney failure
● Spinal cord injuries
● Surgical errors
● Prescription or medication errors
● In hospital patient neglect
● Performing the wrong medical procedure
● Failure to properly diagnose a disease or illness
● Failure to properly treat patients
● Patient abuse and neglect
● Unlicensed people performing medical procedures
● Brain injuries resulting from medical malpractice
● Wrongful deaths
Don’t fight the government alone. Our Illinois military medical malpractice lawyers are here to help.
VA Hospitals and Military Medical Centers in Illinois
If you were treated by a VA Clinic or Hospital in Illinois, then Paul Padda Law can help you with a VA medical malpractice case. Thanks to our experience with this specific type of case, we can file FTCA cases against the Department of Veterans Affairs, the U.S. Department of the Army, the Department of the Navy, and the Department of Air Force.
Prominent VA and military medical centers in Illinois include:
● Edward Hines Jr VA Hospital
● Jesse Brown VA Center
● Captain James A. Lovell Federal Health Care Center
● Scott Air Force Base in St. Clair
● Rock Island Arsenal Army Base in Arsenal Island
● Great Lakes Training Center Navy Base North Chicago
● Other VA clinics and facilities throughout Illinois
Understanding the Federal Tort Claims Act
Having worked as a United States Department of Justice Trial Attorney, Paul Padda is well versed in legal strategies against government entities such as the VA. While you can file what is known as a Section 1151 claim for disability compensation, you also can seek monetary damages under a unique federal statute known as the Federal Tort Claims Act or FTCA.
What is a Tort?
A tort is a harm, whether injury or death, caused by another person who has failed to fulfill a legal duty. Historically, the federal government and its employees were not liable for torts caused to others based upon a doctrine known as sovereign immunity. This doctrine remains in effect today and stands for the principle that the government cannot be sued unless it consents to be sued.
Recognizing this could lead to unfair results where a person was injured because ofgovernmental negligence, in 1946, the United States Congress passed legislation (the Federal Tort Claims Act), which then President Harry S. Truman signed into law, providing the federal government’s consent to be sued for negligent acts resulting in harm. This landmark law, the FTCA, now permits individuals to hold the federal government and its employees accountable for negligence.
If you are a veteran or anyone else that has sustained an injury at a VA facility or other government healthcare office, your ability to recover for your injuries will be governed by the FTCA. This federal law is highly unique and specialized. One fatal misstep can result in the dismissal of an otherwise meritorious claim. For this reason, it is important to fully understand the FTCA and your rights under it.
Overview of FTCA Cases
Filing a medical malpractice claim against the U.S. government does not follow the typical steps you might expect. Instead, you will need to file an FTCA case, which includes filing a Standard Form 95 claim first. This process is administrative at first and could be resolved without the need for a lawsuit. To take the stress out of the FTCA claims process, allow our Illinois military medical malpractice attorneys to handle the case from start to finish.
Suing The VA Requires First Presenting an FTCA Claim to the Agency
Suing the VA or a government healthcare facility for negligence requires complying with every aspect of the Federal Tort Claims Act. Whether you want to sue for medical malpractice or for a slip and fall because the janitor did a poor job cleaning a floor, you must follow all the provisions of the FTCA. One misstep and your entire lawsuit can get derailed.
One of the most important requirements before you can sue the federal government for negligence requires presenting a formal administrative claim to the government agency you believe caused you harm. This is known as exhaustion of administrative remedies. The FTCA requires that you put the government on notice, allow it time to review your claim (six months), and potentially settle the claim before having to face a lawsuit in federal court. While there is no requirement that a claim be made in a particular manner, the government has a Standard Form 95 that makes it easy to complete and submit a claim. If you fail to properly exhaust your administrative remedies by first making a claim, your case will get dismissed by the court.
At Paul Padda Law, a significant part of our practice is dedicated to handling FTCA claims. We are one of the few personal injury law firms in Illinois and the United States that handle such claims. Why? Because the FTCA is complex and most attorneys have limited experience dealing with its procedural nuances. Many mistakes can be made during the claim process that can later be fatal to a lawsuit. For this reason, it is in your best interest to have an experienced FTCA lawyer representing you or your loved one.
Steps in an FTCA VA Medical Malpractice Case
Steps that you can expect in an FTCA VA or military medical malpractice case include:
- Compiling Documentation: Gathering your medical records and relevant documentation to show how a medical mistake at an Illinois military hospital or clinic caused you to suffer an injury and incur damages like increased medical costs.
- Creating a Wellness Journal: Maintaining a daily wellness journal that tracks your symptoms and struggles associated with the injury caused by military medical malpractice. This journal will help show how your life has changed due to the injury.
- Filing Form 95: Filing a completed Form 95 within the two-year FTCA statute of limitations, which will request compensation from the federal government for your injury and losses based on the sum certain amount owed to you.
- Agency Review: Allowing the agency six months to review and decide on your claim.
- Settlement Negotiations: If the claim is accepted, we can help you through the administrative processes. If a settlement is not possible after initial rejection, we can consider filing an FTCA lawsuit in federal court.
- Federal Court Lawsuit: If necessary, filing a lawsuit in federal court, which must be done within six months of the original claim’s denial.
At Paul Padda Law, we will help you gather evidence needed to file a claim, including itemized bills for medical expenses, data about medical expenses you expect to encounter in future, your treating doctor’s statement, a VA medical report about your mental or physical condition, and information from your employer about any lost time from your job. Once we gather all this information, we will help you make a claim, and if that is denied, we can file a lawsuit for you in the appropriate United States District Court.
What Happens Once My Claim Is Denied?
Once you make an administrative claim to the VA (or any other government agency causing harm) for injury, death, or property damage, the agency has six months to review and make a decision on the claim. Once the agency rejects the claim (which happens often) or six months have passed, you can then file a formal lawsuit in the appropriate federal court. Since the federal government is not subject to state laws and the FTCA is a federal law, you can only sue in federal court.
How To Prove Medical Malpractice by the VA
Medical malpractice cases require showing that someone was negligent, resulting in injury or death. To successfully sue the VA or any other government facility for medical malpractice, a person must prove the following:
- A duty of care was owed
- The duty was breached by a government employee acting in the course and scope of his or her duties
- The person suing sustained damages
- The damages sustained were the actual (direct) and proximate (foreseeable) result of the breach of duty
Failure to prove any one of these elements will result in dismissal of a malpractice case. The first element is always the easiest to prove. In the vast majority of medical malpractice cases, the second element (whether a duty was breached) is the most hotly contested issue. To prove a duty was breached, you and your lawyer will need to hire the appropriate experts to offer opinions regarding the quality of medical care provided. This is basically where medical malpractice cases are won or lost. Thus, having the right lawyer and experts is the difference between success and failure in these types of cases.
What Is the Statute of Limitations for Suing the VA For Medical Malpractice?
Under the FTCA, a person has two years to present a claim to the VA for medical malpractice. The FTCA preempts state law with respect to the timeframe for presenting a claim. Consequently, if you or a loved one has been injured by medical malpractice at a VA or government healthcare facility, you have two years from the date of the injury or from the date you discovered the injury to make a claim. This is a strict deadline. Failure to make a timely claim within this two-year period will result in your claim being rejected and dismissed.
Can Military Veterans File FTCA Claims?
Even if your active-duty time with the U.S. Armed Forces has come to an end, you can still file an FTCA claim after suffering from military medical malpractice in Illinois. The FTCA provides a route to compensation for active-duty service members, veterans, reservists, and their families. If your injury or illness was caused at a military hospital or on base medical center, then this option should be available to you.
Compensation in a Military Medical Malpractice Case
Under the language of the FTCA, a claim filed using this federal law is seen as a personal injury, medical malpractice, wrongful death, and property damage claim. The damages that are available in these types of cases which are filed in civil court are typically available through a successful FTCA claim. Specifically, when we fill out the Form 95 for you, we will calculate your total losses and present them as the sum certain amount.
Damages that we can consider when calculating the sum certain of your case include:
● Past and Future Medical Costs: All medical expenses related to treating the injury
● Past and Future Income Loss: Lost wages during recovery and reduced earning capacity
● Pain, Suffering, and Emotional Trauma: Non-economic damages for physical and mental anguish
● Disabilities and Lessened Enjoyment of Life: Compensation for permanent impairments affecting daily activities
Important Note About Damage Caps
The FTCA contains limitations on the types of damages that can be recovered against the government. Specifically, no punitive damages are available in FTCA cases. Additionally, it is important to note that the FTCA adopts state caps that may exist in the locality where the facility alleged to have committed negligence is located.
Illinois does not have a cap on non-economic damages in medical malpractice cases, which means there is no limit on pain and suffering damages you can recover in an FTCA case arising in Illinois. This makes Illinois a favorable jurisdiction for VA medical malpractice cases compared to states with damage caps.
Paul Padda Law Treats Veterans with the Dignity and Respect They Deserve
Our Veterans deserve our utmost respect and appreciation for their service and sacrifice. If you or a loved one has been injured in a VA facility because of negligence, our experienced attorneys can provide the aggressive and experienced legal representation you deserve. We cannot promise that every situation will lead to a claim, but we can promise to give your legal situation serious consideration and always treat you with the respect you deserve. Paul Padda Law is committed to treating our clients with respect and giving them the special attention they deserve. If you or a loved one was injured or you lost a loved one and you want to sue the federal government or one of its employees, contact us. You have the right to receive just compensation, the best available medical care, and the highest quality legal representation.
At Paul Padda Law, we are more than your lawyers. We are the allies you want to help set things right.
Why You Need VA Malpractice Attorneys
Veterans Administration lawsuits can be very confusing for people unfamiliar with such claims. In fact, many personal injury attorneys are not even familiar with the process. There are so many factors you need to consider before acting. Allow us to walk you through all your legal options. We want to help you and your family get your lives back on track. Put your trust in us. No matter where you live in the United States, we can help.
The steps you must take to file an FTCA claim for military medical malpractice in Illinois must be precise. If you make a mistake or miss a deadline, then the entire process can be delayed or disrupted, hurting your chances of getting the compensation that you need. When looking for legal help, choose a law firm with experience specifically related to military medical malpractice and FTCA cases because the average lawyer will not know the ins and outs of the related procedures.
We can help with all parts of your case, such as:
● Drafting and filing the Form 95
● Responding to inquiries from the federal government
● Negotiating a settlement
● Taking the case to federal court if necessary
● Hiring appropriate medical experts
● Gathering all necessary medical records and documentation. Call our office today at (312) 702-7000. Or you can get in touch via our online form to schedule a free, no risk consultation.