Medical facilities are meant to be a safe haven for you and your loved ones, especially for veterans that are often ill and need regular medical care. However, for a long time now, many of these facilities have become a source of injuries both physical and emotional. Worse still, when such cases happen, most medics and institutions tend to either bury these incidents in medical bureaucracy or hurriedly but insufficiently compensate the aggrieved.
Thomas Valet, however, advises that you first consult a Veterans Affair medical malpractice lawyer before engaging the medical facilities legal representatives in settlements. Here are some of the reasons you need a medical malpractice attorney by your side:
1. Improperly Diagnosed
A Veterans Affair (VA) facility is charged with a responsibility to diagnose, treat, and administer drugs effectively. Should you or your loved one be wrongfully diagnosed or treated for the wrong disease, you have a right to sue for damages. In such a case, a VA medical malpractice lawyer will help you access justice for the wrongful misdiagnosis and its resulting complications. Note that even negligent delay in providing you with medical assistance at the VA healthcare facility should be compensated.
2. Wrongful Surgical Operations
There is a lot that can go wrong during surgery, from mild reckless acts like leaving a surgical object in a person's body to complicated ones such as an incorrect surgical procedure or operating on the wrong part of the body. VA doctors across the country have operated on the wrong part and even amputated the wrong body part either due to pure recklessness or misdiagnosis. Should any of this occur to you or a loved one in a VA facility, an experienced Veterans affairs medical malpractice lawyer must be immediately contacted to handle all of the upcoming engagements with the facility insurer's legal team.
3. Expound on Your Veteran Rights
How well do you understand your rights and entitlements with regards to access to medical care as a veteran? For instance, did you know that any harm to your person by any VA worker resulting in injuries requiring medical assistance is considered medical malpractice? By engaging a qualified and experienced VA medical malpractice lawyer, you can to learn the difference between the two legislations covering medical malpractice, which includes the Federal Torts Claims Act (FTCA) and Section 1151 claim commonly known as VA for disability compensation.
4. Prove Negligence
In medical circles, negligence is a gross term used to refer to occasions where a professional ignorantly failed to exercise a duty of care to their patient, resulting in either physical or emotional injuries or both. The form of negligence varies in extent, and so does the compensation it warrants.
The level of negligence may be extreme, such that it results in death, or causes significant permanent or temporary physical injuries. In other cases, it may be trauma and brain damage that call for permanent damages. In either case, you will need an experienced veteran's affair medical malpractice lawyer to prove the negligence of the medical practitioner.
5. Investigate the Case
Having handled numerous medical malpractice litigations involving veterans, Thomas Valet understands that you will not always agree with the facility and its insurers during the out-of-court settlement. In some instances, your lawyer will be forced to file a case with a federal court in an attempt to access justice and warranted compensation. Unlike boardroom settlement negotiations when both parties acknowledge the wrongdoing by the facility, your VA medical malpractice lawyer has to investigate the case to support his demands.
6. Negotiate for Compensation
A federal court will never award you more compensation that your initial claim? Therefore, you need to be quite clear and accurate in calculating your compensation demands. The fact that most of your expenses won't have receipts means that you need an experienced medical malpractice lawyer that can present a convincing argument about their authenticity as well as convince any all other unquantifiable costs cited in the compensation such as emotional distress.
7. Help with Advanced Medical Treatments
Not even compensation can help alleviate both the physical and psychological injuries from medical negligence. How then do you continue? Do you use the settlement to access medical help elsewhere or is the advanced treatment of the injuries included in the compensation deal? Your veterans affairs medical malpractice lawyer should help negotiate for advanced correctional treatment in the same facility as part of the compensation or advise you with help pushing for your transfer to a better facility.
8. In Case of a Veteran's Death
If you suspect foul play in the demise of a loved one at a VA facility, contact a veterans affairs medical malpractice lawyer to help you find the necessary resources required in probing the situation. Ensure that you give them the right to proceed with the negotiations and even to initiate a court process in search of justice and fair compensation.
If you think your medical rights or those of your loved ones were violated in a VA hospital or outpatient center, engage a medical malpractice lawyer. Plus remember that you only have a two-year grace period before you are considered to have forfeited your compensatory rights.
About the Author
Thomas P. Valet is a Top 100 rated NYC Lawyer who specializes in all areas of product liability, malpractice, and personal injury. Learn more by visiting his website at ValetLaw.com.
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