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Military Medical Malpractice Failure to Diagnose: What Can Lead to This?

Failure to Diagnose: What Can Lead to This?

July 26, 2021July 26, 2021 adminadmin 0 Comments 2:19 pm
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Ways in which medical professionals can err causing a missed diagnosis include:

  1. Failure in detailing the history of the patient’s medical problem.
  2. The physical medical exam is misleading (i.e. the symptoms vary from the classical findings).
  3. The medical provider is not aware of the relative risks of the disorder in different patient populations.
  4. The medical provider does not order the right diagnostic study to diagnose the issue.
  5. The disorder does not follow the regular clinical course to make a diagnosis, and the medical provider does not consider alternatives.
  6. The medical provider fails to follow-up after giving a course of medicine to a patient in order to see if the treatment was beneficial and therefore diagnosed properly.
  7. The medical provider fails to listen to the patient given the lack of time provided in a office visit.

Contact Balkcom Law Firm at 804-482-0036 or kimberly.balkcom@gmail.com if you believe your military or VA provider failed to diagnose a condition and you need help with your claim.

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FTCA and MCA: Personal Injury Claims Against the Federal GovernmentFTCA and MCA: Personal Injury Claims Against the Federal Government

The Federal Tort Claims Act (FTCA) and Military Claims Act (MCA) allows lawsuits to be filed against the federal government for injury occurring on federal governmental property or due to the negligence of a federal employee working in the scope of his or her employment. The feres doctrine prohibited such claims, but the FTCA and MCA allow limited exceptions like these.

Injury claims against any government agency involve special rules and limitations. Talk to an attorney before you miss any special deadlines!

What does the FTCA and MCA do?

The FTCA and MCA allows you to sue for personal injury caused by or on governmental property and its employees. However, recovery is more limited than state law claims. Federal law governs the procedure for FTCA lawsuits, but state law controls the substantive law, how a state will treat certain rights, duties, or obligations in the state where the injury occurred.

Car Accidents Caused by Federal Employees

If you are injured in a car accident caused by a federal employee during the scope of his or her job, the federal government may be sued under the FTCA. For example, if you are rear-ended by a U.S. Army truck, the federal government may be on the hook for your damages.

Premises Liability (Slip and Fall) Claims

Injury occurring on federal property caused by the negligence or neglect of the government, its tenants, or its employees can make the government responsible for the injury.

This does not mean that the plaintiff, the legal term for the injured party, does not need to prove that the government acted negligently and that because of that negligence he was injured. The of any other premises liability case remain intact. Again, under the FTCA and MCA, the government limits how much you can recover, so it is best to get an attorney to help you with your claim.

Time Limit to Sue

The statute of limitations for bringing a premises liability claim against the federal government is two years. This means that failing to file a lawsuit within this timeframe could lead to your case being dismissed.

Before a Lawsuit Can Be Filed

Prior to filing a lawsuit, a party must submit a claim to the agency directly in control of the employee or premises. Only after such claim is denied may the injured party then proceed to court. FTCA and MCA lawsuits are filed and presided over by federal court.

FTCA and MCA claims against the federal government are complex. If you have been injured while on government property seek legal assistance with your lawsuit. Contact Balkcom Law Firm for assistance!

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When is Delayed Treatment VA or Military Medical Malpractice ?When is Delayed Treatment VA or Military Medical Malpractice ?

We have had many clients contact our firm when the VA or military has delayed treatment in some way. An example of this is when you go to the ER with breathing difficulties, and the ER doctor sends you home with an antibiotic, but a CT is warranted. Then you have to return the next day demanding a chest CT because your symptoms worsened. The VA most likely delayed treatment and breached the standard of care. The question becomes whether the delayed treatment caused the undesired end result like death or more severe damage to the lungs. This can get a little murky and make the case hard to win.

We had a case like the above, but the client had been treated for neck cancer 2 years prior to going to the ER, and the undesired end result stated that he died from cancer. We had to tell the client that even though the VA may have breached the standard of care by not treating the client with a CT, the VA did not cause the death from cancer. This is difficult news to tell clients especially when they have lost a loved one that received poor care from a medical facility.

The Necessity of Expert Testimony

In almost all cases, expert testimony is required to prove delayed treatment. A qualified expert in the particular medical discipline must give testimony as to how a reasonably competent doctor would have treated the patient properly and without delay. If it can be established by the patient (and his or her legal team) that the original doctor breached the standard of care, then a case for malpractice can be established. If, for example, it can be stated unequivocally that a reasonable doctor would have diagnosed the problem within 48 hours, but the defendant doctor neglected to recheck the patient for 2 weeks after the initial examination and did not run any other tests, he or she can be sued for malpractice.

Proving Harm Resulting from Negligence

Doctors, like everyone else, make mistakes. Patients trying to prove medical malpractice must prove that the doctor’s negligence has caused foreseeable harm, such as:

  • Pain and suffering
  • Medical bills
  • Loss of earning capacity
  • Loss of capacity for enjoyment

It is not enough to show that the patient experienced any of these problems; it must be shown that the delayed treatment was responsible for the negative effects.

If you or a loved one has experienced a delay in obtaining a proper treatment and has suffered physical pain, emotional trauma, and/or financial loss as a result, you should contact Balkcom Law Firm, PLLC to discuss your options.

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Military Malpractice: Why an Attorney Will Not Take Your Case…Military Malpractice: Why an Attorney Will Not Take Your Case…

The people who want us to represent them may be coping with severe injuries and illnesses, the loss of loved ones, and financial difficulties. The attorney must provide you with an honest assessment of your case. Unfortunately, military and VA medical malpractice laws are complicated, and these cases are very difficult to prove and win without the right evidence. Although every case we evaluate is unique, here are some of the common reasons we do not take cases: 

We Don’t Think Your Case Will Meet the Threshold Elements for Medical Malpractice

To win a malpractice case, a medical provider must have given substandard treatment and this negligent treatment must have resulted in significant harm. This could include a missed diagnosis, significant delay in treatment, improperly drafted medical records misleading other physicians, and other medical errors. However, it’s important to understand that not all errors are considered malpractice.   Your injury MUST have been actually and foreseeably caused by your medical provider.  Also, if you signed a consent form agreeing that you understood the risk of the procedure, then you may also not have a case.  Also, if other medical professionals in the same position would have made the same decision, then you likely don’t have a medical malpractice claim.

Another major reason, an attorney will not take your military or VA malpractice case is the 2 year statute of limitations has passed or there is not sufficient enough time to get your case finished by the statute of limitations.

Some people also think their damages are worth way more than their attorney suggests. If the client cannot be talked down to a reasonable amount, then you may not have been a good fit for that law practice.

Our attorneys work extremely hard to fight for the rights of medical malpractice victims. Expert witnesses cost hundreds to thousands of dollars depending on the specialty needed. Also, an expert might be hard to find! Since we accept cases on a contingent fee basis, we do not get paid unless we recover compensation for you.  Additionally, military and VA malpractice claims take quite a bit of time (ie. 1-3 years) to resolve or move forward to Court.  Those factors require us to be very selective about the cases we accept.  There are other instances where it is too difficult to prove what damages you may have suffered from the  medical condition for which you originally sought medical care and what damages were the result of any medical negligence.  The law requires us to prove that the outcome more likely than not would have been different and that can be difficult to prove in some cases.

Contact Balkcom Law Firm, PLLC if you want a military or VA medical malpractice case review.

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