The v.a. has been giving my dad meds that were recalled in 2010 because of fatal health problems they cause.

Asked about 1 year ago - Columbus, OH

he was just told that hes in stage 4 liver psorosis because of taking this medicine. Can he sue them for giving him medicine that was recalled??

Attorney answers (4)

  1. Ryan Jon Melewski

    Contributor Level 8

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    Answered . I am very sorry to hear about your father. Whether or not your father has a medical malpractice claim against the V.A. and its doctors depends on multiple factors. First and foremost, medical malpractice claims have a statute of limitations. This is essentially an expiration date. If you do not bring the claim before the expiration date than it is too late. You could have the best medical malpractice case in the world, but you need to file a lawsuit before the statute of limitations (or expiration date). Therefore, seek a free consult with a medical malpractice attorney as soon as possible.

    Assuming there is still time to file the lawsuit, a medical malpractice attorney will gather all your father's medical records and have them reviewed by medical experts. If a medical expert finds that the V.A. breached the standard of care by giving your father this medication and it caused his stage 4 liver psoriasis than you may have a claim. Best of luck!

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  2. David Ian Schoen

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    Answered . Possibly. He should immediately consult with a medical malpractice attorney as there are strict claim requirements.

  3. Marc Edward Stewart

    Contributor Level 16

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    Answered . Your family should use avvo or google to find an attorney that specializes in VA medical malpractice claims. VA claims are very different than claims at private hospitals. They are regulated by the Federal Tort Claims Act, or FTCA. Certain forms must be filled-out (Standard Form 95) and then the government investigates. If they deny the claim, you have 6 months to bring a lawsuit in federal court before a federal judge (no jury). The rules of the game will be very different than a routine lawsuit under the Ohio state rules. So be sure to locate an attorney that says YES when you ask if he or she has handled VA hospital malpractice claims in the past.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Have a local malpractice lawyer investigate

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