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

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

November 19, 2021November 19, 2021 adminadmin 0 Comments 10:20 am
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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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1. You can sue the military or government for medical malpractice.
Military dependents and active duty service members, may file a claim for medical malpractice when injured at a military treatment facility (in the U.S. or abroad).

2. You generally have only two (2) years to file a claim for military medical malpractice.
This generally applies to all cases. However, there are exceptions to the rule. The two-year time span can vary based on your case, so you will want to contact a medical malpractice attorney as soon as you know there has been negligence.

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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.

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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:

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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.

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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.

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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.

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