Can I Get Compensation For Bad Medical Care By The Va?

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Can I Get Compensation For Bad Medical Care By The VA?

Published on August 7th, 2020

The VA generally delivers safe healthcare to America’s veterans, but veterans are sometimes injured as a result of botched medical procedures or reactions to prescribed medication. It is possible to receive disability compensation for these types of injuries, but the process can be very difficult. Depending on the circumstances of your case, you may also want to consider filing a suit under the Federal Tort Claims Act. REMEMBER: Under that Act you must file a notice of your claim with the VA within two years of the incident.

At Jackson & MacNichol, we are here for you when the VA isn’t. If they’ve turned their back on you and denied your benefits, we can help. Through zealous advocacy and an unwavering dedication to justice, we are able to guide our clients’ cases successfully through the disability appeals process. If your claim for disability based on a VA injury was denied, call us today at 1(888) 492-2941 for a free consultation.

Veterans Disability Compensation Is Not Your Only Option

If you get injured while receiving VA medical care, you have two options. You can apply for veterans disability compensation, or you can file a claim for damages under the Federal Tort Claims Acts, or FTCA. It’s possible to pursue both options at the same time, but if you win both claims, your FTCA damages will be subtracted from your disability benefits. A lawyer will be able to advise you on which option is best for you.

Disability claims for injuries caused by the VA healthcare system are called Section 1151 claims, based on the section of Title 38 of the United States Code that pertains to this type of injury. To succeed, you must show that your injury was actually caused by the VA health care system, which also includes the compensated work therapy (CWT) program and the VA’s vocational facilities.

If you are claiming that your injury occurred specifically because of bad medical treatment, you will also need to show that the VA or its staff acted with negligence. Negligence exists when a person or organization fails to act with the level of care that a reasonable person would have used under the circumstances. For example, a doctor must act with the level of skill and knowledge generally expected of a medical professional. If a VA doctor caused your injury, you will have to show evidence of their negligence to qualify for disability compensation.

One important exception applies when you get injured during the treatment of a service connected disability. That extra injury doesn’t require an 1151 claim. You can simply ask the VA to increase the rating for your existing disability, or make a standard disability claim for your injury as a secondary condition related to your primary disability. In either case, you will likely need to attend a new C&P exam for the VA to gather information about your new or worsened conditions.

Take to a Veterans Benefits Lawyer About Your Case Today

The last thing you expect when you go to the doctor is to leave feeling worse than when you arrived. But for many veterans, this is the tragic consequence of seeking treatment from the VA healthcare system. If you need compensation for such an injury, the veterans benefits lawyers of Jackson & MacNichol can help you build a winning case. For more information, call us today at 1(888) 492-2941. We get justice for veterans.

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