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Florida, VA Medical Malpractice Lawyer
Florida, VA Medical Malpractice Attorney
Veterans rely on the VA for their medical care, but that care sometimes falls below the accepted standard, resulting in serious injuries or even death. When this happens, victims deserve to be compensated for the harm they’ve endured. A Florida VA medical malpractice lawyer from our firm can help veterans and their families seek justice for medical negligence at VA hospitals across Florida.
Why Choose Us?
Dealing with a medical malpractice claim filed by the Department of Veterans Affairs is not the same as dealing with a conventional medical negligence case. Considering that these cases involve bringing a claim against a government agency, there are a great deal of legal obstacles to overcome, one of which is filing the claim under the Federal Tort Claims Act (FTCA).
As a result of our significant knowledge in managing claims of medical malpractice against the Department of Veterans Affairs (VA), we are familiar with the specific criteria and difficulties that veterans confront when attempting to obtain compensation for their injuries. Through the provision of individualized legal services, we are committed to ensuring that veterans can obtain the justice and recompense they deserve.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence leads to injury or death. This negligence can take many forms, such as failing to provide proper treatment, making a critical error during surgery, or misdiagnosing a condition. In Florida, like elsewhere, doctors and medical professionals must adhere to established standards of care. When they fail to meet these standards, they can be held liable for the harm they cause.
To prove medical malpractice, it must be shown that a healthcare provider did not meet the accepted standard of care and that this failure directly caused the injury to the patient. This process often requires the assistance of professional medical witnesses, who can provide insight into how the medical provider’s actions deviated from accepted practices.
Examples of Medical Malpractice
Medical malpractice can take many forms, and some of the most common examples include:
- Misdiagnosis. When a doctor incorrectly diagnoses a condition or fails to diagnose it, it can lead to improper treatment or delayed care.
- Surgical errors. Mistakes made during surgery can cause more injuries and lead to further complications in the future.
- Medication errors. Prescribing the wrong medication or dosage, or administering a medication that the patient is allergic to, may cause debilitating and fatal effects.
- Birth injuries. Harm to the mother or baby due to negligence during childbirth, such as a failure to address fetal distress, can lead to lifelong consequences for the mother and/or baby.
- Anesthesia errors. Incorrect administration of anesthesia can cause brain damage, paralysis, or death.
These examples demonstrate how medical malpractice can have devastating effects on patients and their families. If you or a loved one has suffered due to medical negligence, it is crucial to seek legal assistance.
What Makes VA Medical Malpractice Different?
While medical malpractice cases generally follow a similar structure, VA medical malpractice is governed by different rules due to the involvement of the federal government. Veterans injured at VA hospitals must file their claims under the Federal Tort Claims Act (FTCA). This law allows individuals to file a claim against the federal government for injuries caused by the negligence of government employees, including VA medical staff.
However, VA malpractice cases have additional requirements and limitations:
- Administrative claim requirement. Before you can file a claim, you must first file an administrative claim with the Department of Veterans Affairs. This claim must outline the nature of the malpractice, the injuries sustained, and a specific demand for compensation. The VA has six months to respond to this claim.
- Complex procedures. If the VA denies your administrative claim or fails to respond within six months, you can then file a legal claim in federal court. These cases are subject to strict procedural rules, and any mistakes in filing could jeopardize your ability to recover compensation.
- Sovereign immunity. VA doctors are government employees, so they are generally shielded from personal liability. Instead, any compensation awarded comes from the federal government. This can complicate negotiations and settlements, making experienced legal representation crucial.
FAQs About Florida, VA Medical Malpractice Laws
What Is the Average Settlement for a Medical Malpractice Claim in Florida?
In Florida, the typical settlement for medical malpractice claims can vary due to a variety of circumstances. These factors include the severity of the case, the type of the injuries, and other considerations. It is possible for settlements to exceed these averages in cases that are more serious, such as those that involve lifelong impairments or wrongful death.
How Do I Sue for Medical Malpractice in Florida?
To file a claim for medical malpractice in Florida, you must first notify the healthcare provider with a written notice of your intent to sue. This must be done within two years of discovering the injury. After a review period, you can proceed with filing a formal legal claim. A knowledgeable medical malpractice attorney can guide you through the complexities of this process.
What Are the Odds of Winning a Medical Malpractice Claim?
The odds of winning a medical malpractice claim vary based on the strength of the evidence, the specifics of the case, and expert testimony. Nationally, only a few of the medical malpractice cases that go to trial result in a victory for the plaintiff. Having a strong legal team improves your chances of success by presenting a well-supported claim.
Can I Sue the VA for Emotional Distress?
Yes, you can file a claim against the VA for emotional distress under the Federal Tort Claims Act (FTCA). However, it must be tied to physical harm caused by the VA’s negligence. Proving emotional distress can be complex, as it often requires strong medical evidence and expert testimony. Working with an attorney experienced in VA medical malpractice is essential to building a compelling case.
Contact Spohrer Dodd Trial Attorneys
At Spohrer Dodd Trial Attorneys, getting our clients the most money possible is our first focus. In addition to other damages, this may include reimbursement for medical costs, missed income, and pain and suffering. Since medical malpractice may have a profound effect on a person’s life and family, we are committed to fighting for justice on your behalf.
If you or a family member has been injured by medical malpractice at a military or federal healthcare facility in Florida, don’t wait to seek the justice you deserve. Contact us today for more information.
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