There are over 15 million veterans living in the United States today. These brave men and women who defended our nation deserve compassion and care. The U.S. Department of Veterans Affairs is responsible for providing healthcare and other benefits to these veterans and their dependents.
However, in recent years, a number of veterans’ associations and regulatory groups have drawn attention to substandard care and conditions at many VA hospitals. This epidemic of substandard care can have a detrimental effect on the victim’s quality of life and may even result in permanent injury or death.
If you believe that you or someone you love may have a VA hospital medical malpractice claim, the lawyers at Hodes Milman can help. Our experienced team has the knowledge and resources to assist you in taking legal action against the Veterans Administration under the Federal Tort Claims Act, a process that can be frustrating and complex without the guidance of a VA malpractice lawyer.
For over 30 years, Hodes Milman has been proud to do our part in serving those who have sacrificed so much for our country. If you need help getting the compensation you rightly deserve, reach out to our team online or by calling (949) 640-8222.
“Hodes Milman represented us for a somewhat complicated medical malpractice lawsuit. My husband and I are extremely fortunate and grateful to have had Mr. Daniel Hodes as our attorney. His expertise and professionalism throughout the process quickly brought us peace of mind, especially during such a stressful time. Mr. Hodes was diligent with every detail pertaining to our case and we had the utmost confidence in his guidance.
We were consistently kept informed of new developments in our case and Mr. Hodes was available to us at all times. I highly recommend Mr. Daniel Hodes to anyone seeking exceptional legal representation as we are extremely satisfied with the outcome of his service.”
– Melissa R. | Client
Hodes Milman Cares About Veterans’ Healthcare Rights
Veterans and their family members have the right to the same high-quality healthcare that they would expect at civilian hospitals and medical facilities. However, when a VA healthcare professional fails to provide treatment that meets an accepted standard of care and an injury results, the victim may file a medical malpractice claim.
If a doctor or other provider’s negligent or careless actions result in personal injury or wrongful death, Hodes Milman can help hold the responsible party accountable. We are strong advocates of veterans’ rights and can handle even the most complex VA malpractice claims.
Medical malpractice can seriously compromise the victim’s health and negatively impact the lives of their loved ones and family members. Healthcare rights are of utmost importance for all Americans, particularly our veterans who have served their country and should be able to rely on medical professionals for accurate diagnosis and treatment.
The True Cost of Medical Mistakes: What Veterans and Families Need to Know About Malpractice
When medical care falls short, the consequences can be life-altering, especially for veterans who depend on government healthcare systems like the VA. Dan Hodes, managing partner at Hodes Milman, explores what makes medical malpractice cases so complex, what victims need to know, and how accountability is pursued, both in private healthcare and within systems like the VA.
Common Mistakes at VA Facilities That a Medical Malpractice Lawyer For Veterans Can Help With
After everything you’ve done for our country, you should be able to count on the VA for safe, quality healthcare. That’s a basic promise, and it’s one every veteran has earned. But sometimes, things go wrong. When a serious medical mistake happens at a VA hospital or clinic, and it could have been avoided with proper care, that’s medical malpractice.
Some common examples of medical errors that a VA malpractice lawyer can support you through include:
- Misdiagnosis or Delayed Diagnosis: This occurs when a doctor fails to correctly identify a condition or takes too long to do so. For veterans, this can mean a serious illness like cancer or heart disease progresses unnecessarily, making treatment more difficult and reducing chances of recovery.
- Surgical Errors: Mistakes during surgery, such as operating on the wrong body part, leaving surgical tools inside a patient, or causing nerve damage, can lead to permanent injury or even wrongful death.
- Medication Errors: Prescribing the wrong medication, incorrect dosages, or failing to check for dangerous drug interactions can cause severe side effects, prolonged illness, or new health problems.
- Birth Injuries: While less common for veterans themselves, dependents receiving care at VA facilities can also be victims of malpractice. Errors during childbirth can lead to devastating injuries for newborns, such as cerebral palsy or nerve damage, requiring lifelong care.
- Anesthesia Errors: Mistakes with anesthesia during a procedure can lead to serious complications, including brain damage or even death, if not properly monitored and managed by the healthcare team.
- Failure to Treat or Monitor: This can involve discharging a patient too soon, failing to follow up on abnormal test results, or neglecting to provide necessary ongoing care for a serious condition.
These kinds of failures can leave lasting physical, emotional, and financial scars. We understand how hard it can be to speak up or even know where to start. That’s where we come in. Our law firm is dedicated to helping veterans hold the VA accountable when their care falls short. You’ve stood up for us, and now we’re ready to stand up for you.
Our VA Malpractice Attorneys Know the Ins and Outs of the Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) is a statute that allows parties to sue the U.S. government in federal court for torts, or civil wrongs committed by individuals or entities acting on behalf of the United States.
The FTCA was enacted by Congress in 1946, but filing a claim under the act can be difficult and requires legal guidance from an experienced attorney. In fact, before a party is eligible to file an FTCA claim, he or she must first file an administrative claim with the VA.
If this initial claim is rejected, the victim may proceed with an FTCA claim. Other deadlines and requirements must be adhered to throughout the process to maintain the validity of the claim. A missed deadline or legal oversight can have a significant impact on the outcome of a case, and may even result in rejection of an otherwise valid claim.
If you or someone you love has been injured as a result of VA malpractice, the lawyers at our firm can help you make sense of this system and help you see your claim through to completion.
Your service deserves accountability. Let us help you get the answers, support, and compensation you’re entitled to. Contact Hodes Milman today online or by calling (949) 640-8222 for a free, no-obligation consultation.
The Importance of Working With a Veterans Affairs Medical Malpractice Lawyer
Filing a medical malpractice claim against the VA isn’t like filing a claim against a private doctor or hospital. Since these cases fall under the Federal Tort Claims Act (FTCA), they come with their own set of rules, deadlines, and paperwork.
At Hodes Milman, we’ve walked this road with many veterans, and we understand what’s at stake: your health, dignity, and future. A medical malpractice lawyer for veterans from our firm will help you in:
- Getting the Compensation You Deserve: While you can file a claim without legal help, studies show that veterans who have guidance often recover far more, sometimes four times as much, according to a Martindale-Nolo study, than those who go it alone. That’s because we know how to properly value your claim, account for every type of loss you’ve suffered, and negotiate with the government to fight for a fair result.
- Understanding the FTCA Process: The FTCA has strict rules about how and when you can bring a claim. It starts with filing a form called Standard Form 95, and if that form isn’t filled out the right way, it can delay your case or even cause you to lose your right to recover.
- Building a Strong Case: To win a VA malpractice claim, you must gather the right medical records, work with outside medical professionals, and prove exactly how your care fell below accepted standards. We know what kind of evidence matters and how to present it in a way that supports your case.
- Protecting You From Mistakes: There’s a lot that can go wrong during this process, from missing deadlines to leaving out key information. Even a small misstep can cost you your entire claim. We help you stay on track, meet every requirement, and avoid the common mistakes that can trip people up.
Why Hire VA Medical Malpractice Lawyer Hodes Milman
You’ve done your part. You’ve served this country with strength and sacrifice. Now, if the VA has let you down, you deserve a legal team that’s ready to fight for you.
At Hodes Milman, we don’t just handle medical malpractice cases. We pursue them with everything we have. Our team has recovered over $200 million for injured individuals, including life-changing results for veterans harmed by VA medical negligence:
- $1,000,000 settlement for a veteran amputee whose spinal infection was missed and improperly treated, leading to permanent harm.
- $850,000 settlement for a veteran who endured months of severe nerve pain after a VA surgeon placed a screw into the wrong part of his spine, an error the radiologist failed to catch.
What sets us apart isn’t just the results. It’s the way we treat our clients. Our team handles VA malpractice cases nationwide, and we stay in close contact with every client from day one. You’ll always know where your case stands, and you can reach out to us anytime with questions or concerns.
We prepare every case thoroughly, paying close attention to the details that make a difference in court or settlement negotiations. Our founding partner, Dan Hodes, has nearly 40 years of experience in medical malpractice and recovered more than $35 million for his clients in a single year. We don’t cut corners, and we don’t back down. Reach out to our team today online or by calling (949) 640-8222.
VA Malpractice FAQs
How Long Do I Have To File A VA Medical Malpractice Claim?
Under the Federal Tort Claims Act, you typically have two years from the date you discovered (or should have reasonably discovered) the injury caused by VA negligence to file an administrative claim with the VA.
What Happens If My Administrative Claim With the VA Is Denied?
If your administrative claim is denied by the VA, you then have a limited window, typically six months from the date of the denial letter, to file a lawsuit in federal court. These deadlines are very strict, and missing them can forfeit your right to pursue compensation, so it’s crucial to contact a lawyer as soon as possible after receiving a denial.
What Is Standard Form 95 (SF-95) and Why Is It Important for My VA Claim?
Standard Form 95 (SF-95) is the official administrative claim form used to notify the U.S. government, including the VA, of your intent to seek compensation for damages, injury, or death caused by a federal employee’s negligence. It’s the essential first step in filing a VA medical malpractice claim under the Federal Tort Claims Act. Correctly completing this form with all necessary details and a “sum certain” (a specific dollar amount) for your damages is critical, as errors or omissions can significantly delay or even invalidate your claim.
Will Filing A VA Malpractice Claim Affect My Existing VA Benefits?
Generally, filing a medical malpractice claim under the Federal Tort Claims Act does not negatively impact your existing VA disability or other benefits. However, if you receive a settlement or judgment, there may be an “offset” where the VA reduces certain disability payments until the amount of the tort claim settlement is accounted for. An experienced VA malpractice lawyer can help you understand how any settlement might interact with your specific benefits.
ABOUT HODES MILMAN
Hodes Milman has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
HONORS & AWARDS
MEET THE ATTORNEYS
When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.
