If you or a loved one suffered harm after surgery at a VA or military hospital, you may have grounds for a claim under the Federal Tort Claims Act (FTCA). Here’s a quick guide to proving postoperative negligence and seeking compensation:
- What Is Postoperative Negligence? This occurs when post-surgery care falls below professional standards, such as delayed follow-ups, misdiagnoses, or injuries from poor care.
- How to Prove Negligence: You’ll need to gather medical records, identify errors in care, and secure expert testimony that links the negligence to your injury.
- Filing Deadlines: File your claim within two years of discovering the injury. If denied, you have six months to file a federal lawsuit.
- Key Steps:
- Collect all surgical and post-surgical records.
- Consult medical experts to review the care provided.
- Submit an administrative claim to the VA regional office with evidence and damages outlined.
For additional help, legal professionals with medical expertise, like Archuleta Law Firm, can assist in building your case.
What Is The Federal Tort Claims Act? – CountyOffice.org
Evidence Collection Steps
Building a strong FTCA case for postoperative negligence requires thorough documentation and expert input.
Managing Medical Records
Start by gathering all relevant surgical and postoperative records from the VA facility. Keep a detailed log of every request, including dates of submission, receipt, and review. Organize the documents in chronological order and maintain copies of all correspondence. Once collected, examine these records carefully to identify any potential signs of negligence.
Identifying Negligence in Records
Look for gaps in care, delayed follow-ups, missing assessments, or inconsistencies in the records. At Archuleta Law Firm, their team, including a doctor-attorney and nurse, can review these details to identify lapses and connect them to the injuries. This collaborative analysis strengthens the evidence needed for your FTCA claim.
Medical Expert Support
Once you’ve gathered all relevant records and identified gaps in care, the next step is obtaining expert analysis to connect poor care to the injury. Expert testimony is crucial in proving both the breach of care and causation in FTCA claims. These experts must have board certification and a surgical specialty that aligns with the specifics of the case. At Archuleta Law Firm, an in-house team, including a doctor-attorney and a registered nurse, reviews medical records to pinpoint possible negligence. Their insights connect documented care gaps to particular actions or failures by VA providers.
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FTCA Filing Requirements
Once you’ve gathered evidence and expert testimony, it’s time to navigate the VA’s administrative process and meet the required deadlines for filing your FTCA claim.
Starting Your Claim
Begin by submitting an administrative claim to the VA regional office. Clearly outline the postoperative error, the resulting injuries, and the damages you’ve suffered. Be sure to include medical records in chronological order and expert opinions that connect the VA’s care to the harm caused.
Time Limits and Required Documents
According to 28 U.S.C. §2401(b), you must file your claim within two years of discovering the injury. Your submission should include:
- Complete treatment records
- Billing statements
- Documentation of related expenses
If the VA denies your claim or fails to respond within six months, you have another six months to file a federal lawsuit.
Archuleta Law Firm provides free case evaluations, requires no upfront fees, and specializes in FTCA claims.
Common Proof Problems
Problems and Solutions Guide
Before filing your administrative claim, tackle these common proof challenges:
- Missing records: Request all facility files, gather statements from staff and patients, and consult an expert to fill in any gaps.
- Incomplete documentation: Collect testimony from attending staff and work with an expert to analyze and reconstruct the events.
- Standard-of-care disputes: Hire a board-certified specialist to clarify and confirm any deviations from the standard of care.
- Causation issues: Use expert analysis to directly link the negligence to the injuries sustained.
Once these issues are resolved, organize your evidence carefully and get ready to submit your FTCA claim. The next step is assembling your evidence package for the VA regional office.
Next Steps
Once you’ve gathered the necessary evidence and expert analysis, here’s how to move forward with your FTCA claim:
Key Steps
- Collect all medical records and documents related to your surgery and post-surgery care.
- Schedule a free case evaluation with Archuleta Law Firm to review possible lapses in standard care.
- Submit your administrative claim to the VA regional office. Be sure to include your records, expert opinions, and details of damages. Remember, this must be done within the two-year deadline.
Legal Assistance
Archuleta Law Firm offers a unique advantage with its in-house medical expertise, featuring a team that includes a doctor-attorney and a registered nurse. They provide free case evaluations and operate on a contingent-fee basis. Led by Dr. Michael Archuleta, who holds both M.D. and J.D. degrees, the firm has achieved some of the largest FTCA malpractice recoveries in the country.