Question: Can You Sue The VA For Misdiagnosis?

Can you sue the VA?

You can sue the VA for medical malpractice through the Federal Torts Claims Act.

You can file a claim with the VA for disability compensation (commonly referred to as a Section 1151 claim), and/or you can seek money damages under the Federal Torts Claims Act (FTCA)..

Can you sue the VA for wrongful death?

In the case of a wrongful death, the late veteran’s spouse or dependent may sue the VA. An experienced veteran’s medical malpractice attorney helps you, as a veteran victim of medical negligence, file your claim and fights to ensure you receive the compensation you deserve.

What is wrong with the VA healthcare system?

While the VA is rooted in noble intentions, it has been plagued with problems for years. The VA has faced reports of excessive and contradictory spending, allegations of inadequate health care, a massive backlog of benefits claims and a top leadership position that nobody can seem to hold down.

How do you prove misdiagnosis?

A patient trying to prove misdiagnosis must show that a doctor in the same or similar specialty would not have misdiagnosed the illness or injury. The plaintiff will have to show that the doctor did not include the correct diagnosis on the list and that a competent doctor would have included it.

Are VA hospitals only for veterans?

Anyone who served on active duty in the military may be eligible for at least some V.A. health care benefits. … However, the V.A. health system can’t provide full care for all veterans, so they’ve set up a complicated priority system to determine veterans’ benefits and out-of-pocket costs.

What can I do about a misdiagnosis?

If you’ve been misdiagnosed – or if you believe that you have been misdiagnosed – by a healthcare provider at any point since you started seeking medical treatment, immediately contact an attorney who routinely advocates on behalf medical malpractice victims.

Who is over the Veterans Administration?

The Honorable Robert Wilkie was nominated by President Trump to serve as the tenth Secretary of Veterans Affairs. He was confirmed by the United States Senate on July 23, 2018, and sworn in on July 30, 2018.

Can I sue the VA for pain and suffering?

You may be able to sue the VA if you have been the victim of medical malpractice. If you or a family member have suffered serious personal injuries as a result of the negligence of a federal employee, you may be able to bring a claim against the Department of Veterans Affairs.

How can a veteran file a congressional complaint?

Call 1-800-273-8255 (Press 1), by text at 838255, or chat online.

Can you sue for misdiagnosis and incorrect treatment?

Yes, you can sue when a doctor gets your illness or injury wrong. This is called “misdiagnosis” and is part of the legal field called medical malpractice. The umbrella to this legal area is personal injury law. Personal injury cases are civil cases, not criminal cases.

What is a tort claim against the VA?

A Federal Tort claim is a lawsuit against the VA and applies to any situation in which a VA employee, acting on behalf of the VA, is negligent and causes injury. … A Federal Tort can be filed by a veteran, or, in the event that the injury resulted in the death of the veteran, by his qualifying survivors or estate.

How is the Veterans Health Administration funded?

The VA is funded through the Military Construction, Veterans Affairs, and Related Agencies (MILCON-VA) appropriations bill. … For the Veterans Benefits Administration (VBA), the President’s budget request includes $106.97 billion for FY2018.

How do I report Va abuse?

How do I report suspected fraud, waste and abuse? Complete and submit the Program Integrity Fraud, Waste and Abuse Complaint Form, VA Form 10-0500 via email to You can also download, print and return the form by mail or fax to the address and fax number included on the form.

Can Veterans go to any doctor now?

As of June 6, 2019, the VA offers medical care to eligible veterans at selected civilian urgent care facilities nationwide. … This is an expansion of the VA’s Mission Act, which itself was an expansion of the Veterans Choice Act.

Who do you complain to about the VA?

The phone line — live now at 855-948-2311 — is designed to “collect, process and respond to the complaints of individual veterans in a responsive, timely and accountable manner,” according to Department of Veterans Affairs officials.

Is VA Healthcare good?

The VA maintains a quality advantage in outpatient care, but its inpatient advantage has narrowed over recent years, and there is evidence that VA surgical care has worse outcomes than private sector surgical care. … The VA should consider outsourcing inpatient services to high performance private sector hospitals.

Can you claim for misdiagnosis?

A misdiagnosis claim can be made for negligent treatment. If your misdiagnosis has left you in pain or discomfort, caused disability or has reduced your life expectancy, you may be able to claim for medical misdiagnosis compensation.

How do I file a formal complaint against the VA?

Contact the Hotline1 (800) 488-8244. Monday–Wednesday and Friday between 9:00 a.m. to 4:00 p.m. (Eastern Time) or Thursday 9:00 a.m. to 1:00 p.m. (Eastern Time)FAX: (202) 495-5861.Mail: VA Inspector General Hotline (53E) 810 Vermont Ave., NW. WASHINGTON, DC 20420.