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Question continuation Can the VA be sued for malpractice?

San Antonio, TX |

This is a continuation of the last question I posted. We were told to find a lawyer that practices under the Federal TORT Act. We have searched and called many Attorneys but we're still told they will not file a claim. Are there any Lawyers that are willing to take our case? I don't know if you can do it but please help!!!

Thank you!!!

Attorney Answers 3


Unfortunately I cannot see the last question you posted, but yes, the VA can be sued for malpractice. It is the Federal Tort Claims Act that allows you to sue the VA.

I would like to know the facts of your case, but what I suspect is that you had something happen at a VA hospital in Texas, meaning that, under the FTCA, you have to sue the VA in federal court (which is not favorable to Plaintiffs). Additionally, under the FTCA, the negligence law of the state where the events occured applies, and I suspect this is Texas law because you are in San Antonio. Texas is VERY unfavorable to medical malpractice claims. So much so that I know many attorneys who will only handle submitting a claim to the hospital/hospital's insurance company and if the hospital refuses to offer anything, they end the engagement and do not file a lawsuit on their behalf. This is because the law is Texas is so anti-victim and then on top of that you are in Federal Court suing a Governmental entity.

Again, I don't know the facts of your case, but I suspect this is why you are being told that they will not file a claim. It's not that people do not want to help, it's because Texas malpractice law is so pro-hospital and Federal Court can be biased towards the VA. Having said that, I am a Texas attorney and I would love to hear your situation in detail and see if I can get a legal team together who can assist in some way. Feel free to give me a call tomorrow or even a detailed e-mail at your convenience. I am more than happy to see what I can do. I know that you are probably sick of telling your story again, but sometimes it takes a while to find the right attorney/legal team.

Papool "Pappy" Chaudhari ("Cho-der-ee")
Chaudhari Law, PLLC
Wylie, Texas
(214) 702-1150

This does not constitute legal advice and does not establish an attorney-client relationship. I am only licensed to practice law in Texas, California, and Missouri, but will associate with local counsel to handle matters in other states.

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Any lawyer can handle FTCA, but if the case is weak, you may want to offer some cash up front to cover the initial costs, so the attorney isn't out of pocket investigating a case which is not strong. Good luck.

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You need a top rate aggressive medical malpractice attorney. A major issue is that claims against any federal governmental entity are subject to the procedural constraints of the Federal Tort Claims Act. (FTCA). One major constraint limits damages to $100,000. The costs of pursuing a medical malpractice case can chew up much of that. Don't take it from me, keep looking for an experienced personal injury attorney in your jurisdiction. But, here's generally what you're up against: BLUE LINK BELOW

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Andrew Daniel Myers

Andrew Daniel Myers


P.S.: Call "Pappy". He knows what he is talking about.

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