VETERANS MEDICAL MALPRACTICE LAWYERS
CALL US TODAY, TOLL FREE AT (800) 712-0000.
If you were injured while being treated at the Department of Veterans Affairs (“VA”) in Las Vegas, Nevada or anywhere else in the United States, we can help. Our VA medical malpractice lawyers are skilled at cases alleging negligence by the VA and have a track record of success handling these types of 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 and, therefore, we can help a veteran in any state. If you’re a veteran or the loved one of a veteran and you’re looking for potential representation with a medical malpractice claim against the VA, you’ve come to the right place.
Suing the Veterans Affairs administration in Nevada 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 us cases 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 that 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 that 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 with respect to a potential claim against the VA, call our office today at (702) 366-1888 or nationwide at (800) 712-0000. You can also get in touch with us through this website for a free and confidential consultation.
MEDICAL MALPRACTICE TYPE CASES WE HANDLE
LET US EXPLAIN YOUR RIGHTS
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 the Federal Tort Claims Act or “FTCA.”
What is a tort? A tort is a harm (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 (injuries) 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 on account of governmental 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’re 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’s important to fully understand the FTCA and your rights under it.
Suing The VA Requires First Presenting An FTCA Claim To The Agency Before You Can File An Actual Lawsuit
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 have to 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 (6-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’re one of the few personal injury law firms in Nevada 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’s in your best interest to have an experienced FTCA lawyer representing you or your loved one.
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 6-months to decide the claim. Once the agency rejects the claim (which happens often) or 6-months has 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.
At Paul Padda Law, we’ll 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 of this information, we’ll help you make a claim and if that’s denied, they we can file a lawsuit for you in the appropriate United States District Court.
At Paul Padda Law, we’re more than your lawyers. We’re the allies you want to help set things right.
Medical Malpractice REMAINS THE MOST COMMON BASIS for LAWSUITS AGAINST VA
Medical malpractice is one of the most common causes of injuries sustained at VA facilities which result in a lawsuit. Medical malpractice can cover a wide range of issues, including:
- Surgical errors
- Birth injuries resulting from improper delivery of baby
- Brain injuries resulting from medical malpractice or slip and falls
- 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
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 has to 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, and
- 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 always the most hotly contested issue. In order 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 (2) years to present a claim to the VA for medical malpractice. Although many states have a shorter statute of limitations (e.g., Nevada has a 1-year statute of limitations for medical malpractice claims), the FTCA preempts the state law with respect to the timeframe for presenting a claim. Thus, if you or a loved has been injured by medical malpractice at a VA or government healthcare facility, you have 2-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 2-year period will result in your claim being rejected and dismissed.
How Much Is A VA Medical Malpractice Case Worth?
The value of a medical malpractice case against the VA or any other healthcare facility will depend upon the nature and extent of injuries involved. Although the FTCA contains limitations on the types of damages that can be recovered against the government (e.g., no punitive damages), it does not explicitly place a ceiling (“cap”) on how much can be recovered.
Except, it’s important to note that the FTCA adopts state caps that may exist in the locality of where the facility alleged to have committed negligence is located. Thus, for example, states like Nevada, California, and Texas have caps on pain and suffering in medical malpractice cases. In Nevada the cap is currently $350,000. Therefore, if you’re suing the VA in Las Vegas for negligence at a facility in Nevada, the most you can recover for pain and suffering is $350,000. In Arizona, there is no cap on pain and suffering in medical malpractice cases because the Arizona Constitution prohibits the enactment of any law limiting the damage one may recover for personal injury or death.
In light of the above, how much a medical malpractice case against the VA or any other federal government healthcare facility is worth will depend upon which state the claim arises and the nature and extent of injuries. Although non-economic damages for pain and suffering may be capped, an FTCA claim for medical malpractice can be worth a significant amount if future care is required such is often the case involving birth injuries.
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 have been injured in a VA facility as a result of negligence, our experienced attorneys can provide the aggressive and experienced legal representation you deserve. We can’t promise that ever situation will lead to a claim, but we can promise to give you 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.
Veterans Administration lawsuits can be very confusing for people who are not familiar 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.
Call our office today at (702) 366-1888 or toll free at (800) 712-0000. Or you can get in touch via our online form to schedule a free, no-risk consultation.