Medical malpractice claims against the Veterans Administration are subject to the requirements of the Federal Tort Claims Act. The Federal Tort Claims Act (FTCA) is a statute enacted by the Congress in 1946 permitting private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
Veterans who try to handle their own medical malpractice cases against the Veterans Administration need medical assistance.† Frequently, it is necessary for a veteran to prove medical malpractice in order to obtain benefits. Medical Opinions Associates can help provide this proof by having an independent medical expert review the records. If the case is meritorious, the physician will document his opinion and provide expert testimony that the VAís medical errors were deviations from generally accepted standards of medical practice and that the deviation caused the veteranís condition to worsen, which is usually necessary to prove a claim.
EXPERIENCE UNDER FIRE
Medical Opinions Associates has considerable experience handling claims by veterans who have alleged negligence by Veterans Administration providers.† From suits filed by veterans concerning their own care to those filed for the estates of deceased veterans to cases handled for representatives of groups like the Vietnam Veterans of America to medical opinions to support Compensation and Pension disability claims --† Medical Opinions Associates is your one-stop resource for medical experts.†
The following are examples of cases handled recently for veterans and their survivors:
- Medical Opinions Associates provided medical expert review and opinion on a wrongful death case on behalf of the estate of the deceased veteran who suffered from complications of a urinary bladder infection. The case has been submitted for VA administrative tort claim review.†
- In a similar wrongful death case involving lung cancer, Medical Opinions Associates provided a medical expert for a service-connected veteranís surviving spouse whose attorney was proceeding with litigation on behalf of decedentís estate. After our medical expert rendered his opinion, the plaintiff attorney was able to notify the VA General Regional Counsel (more than one VA Medical Center was involved) that he could produce the report of a medical expert whose opinion was favorable to the surviving spouseís legal position.†
- In support of a previously disallowed disability claim, a veteran was represented by a service representative of the Vietnam Veterans of America. The issue was whether a veteran could have contracted Hepatitis C from risk factors attendant to his military service.† The allegation was that certain risk factors were present in the military field hospital where the veteran was treated.† The legal issue was whether the expert could support the claim that there were risk factors involved that could have led to the transmission of the virus. That is, that it was MORE LIKELY THAN NOT that that there were risk factors present that could have led to transmission. The medical expert found that not only were risk factors present, but that it was very likely that the veteran had acquired the Hepatitis C infection at the time of his field hospitalization.
Call our TOLL FREE number 800-874-7677 begin_of_the_skype_highlighting†800-874-7677†FREE††end_of_the_skype_highlighting for a free consultation .