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Military or VA Medical Malpractice: What Documents Will My Attorney Need?

When starting a medical malpractice case, the injured patient should provide their attorney evidence both of what their injuries are and of how they were injured.  Documents from the military or VA can take awhile to receive, so you should request these as soon as you know you want to file a claim, so you can give to your military or VA medical malpractice attorney. 

The list below outlines the documents generally needed for medical malpractice cases:

  • Medical records from both military and civilian providers
  • Medical bills if tricare or VA has not paid for medical care
  • Death certificate and autopsy report if necessary
  • Correspondence with treating doctor 
  • Receipts for related out-of-pocket expenses 
  • Pay stubs or tax returns to show income loss from injury
  • Photographs  before and after the incident

 

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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.

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!

Failure to Diagnose: What Can Lead to This?Failure to Diagnose: What Can Lead to This?

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.