I am looking for assistance involving a VA tort claim. I would like to file a claim against veterans affairs over medical malpractice. I am going on with this matter because I would hate to see other veterans being treated the way I was., and I am tired of people thanking us for our service and then treating us like crap, plain and simple. Can someone guide me to an attorney that genuinely wants to help? Thank You.
You have not told us what your claim entails. Without more information it is hard to direct you any to anyone.
As the previous attorney noted, it is difficult to try to help you without more details. All I can tell you is that malpractice claims against a VA hospital or a VA doctor are covered by the Federal Torts Claim Act (FTCA). You need to look for an attorney with experience in handling FTCA cases. Here is a link to an article on Avvo about the FTCA: http://www.avvo.com/legal-guides/ugc/federal-tort-claims-act?ref=kb_serp_title_1
This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com.
Google "veterans administration medical malpractice lawyer." I have handled these cases alot in Texas and Arkansas but never out west. It would in your best interests to have a law firm close to you. Their are law firms that handle these cases. The first step is to use the internet to download a Standard Form 95. A lawyer should help you fill it out. This is then sent to the admin of the VA hospital or the regional VA legal counsel. This sets in motion an administrative investigation. This is required before you can pursue a court claim.
Medical malpractice claims are tricky, difficult to win, and require a great deal of financial investment for the lawyer. A federal med mal claim statutory caps the attorney fee at just 25%. This is great for the client of course. But it makes it sometimes difficult to get a lawyer to have the financial interest in taking the case. Marginal cases with limited damages are usually passed over as the attorney sees no economic incentive to get involved. Nevertheless, there are definitely firms that specialize in this. Good luck.
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