Can I bring a case against Veteran Affairs for malpractice? Or some other claim.

Asked over 2 years ago - Roanoke, VA

Injured in combat several discs and other pain and disabling conditions. My MD changed medications with out notifying me. There is documentation that I let them know, and MD stated would correct. This has happened for last 4 months and has caused extra pain and suffering. I have a contract w/ MD and is supposed to inform me of medications changes, increase/decrease. It could have been fatal that my medication was changed. There is a bill of rights with Vet Affairs; states has right to be pain free.

Attorney answers (2)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Medical malpractice claims against the VA may be brought under the Federal Tort Claims Act. A med mal lawyer can have an expert review your medical records to ascertain whether there was a breach of the standard of care. Search Avvo's "find a lawyer" for a med mal lawyer who will investigate your claim. Good luck to you.

    The answer does not create an attorney/client relationship and is for informational purposes only.

    Lassen Law Firm
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  2. Joseph Jonathan Brophy

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I doubt that any medical malpractice lawyer would undertake your claim. Medical malpractice cases, particularly FTCA case, are difficult and expensive to prosecute. The damages have to be substantial. A four month increase in pain due to a change in medication is not the type of injury that would likely result in any substantial damages award.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more

Related Topics

Medical malpractice and personal injury

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.

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