Veterans’ Rights Lawyers Fight Veterans Affairs Malpractice Nationwide

Aggressively seeking compensation for injurious delays and substandard care

The United States government established the Veterans Administration, in the words of President Abraham Lincoln, “to bind up the nation's wounds, to care for him who shall have borne the battle… .” However, disclosures in the media have made it clear that the VA is failing in that mission. At Marcari, Russotto, Spencer & Balaban, P.C., we’re dedicated to veterans’ rights, and we’re determined to hold the VA accountable for scandalous delays in service and rampant substandard care. If you or the veteran you love has suffered because of the callous disregard of a faceless bureaucracy, MSRB will fight to get you the compensation you deserve. You’ve already borne our nation’s battle, let us wage this one for you.

Recent VA medical malpractice settlements

According to the legal news service LawyersandSettlements.com, at least $700 million has gone to resolve VA malpractice claims since 2001. The U.S. Department of the Treasury’s judgment fund paid $72 million to settle such claims in 2011 alone. In 2012, payments rose 28 percent from the previous year, with more than 400 payments made to resolve VA medical malpractice cases.

Unfortunately, many of these claims are not for injuries, but rather for wrongful death. Statistics for wrongful death cases in the decade from September 11, 2001 to November 4, 2011 are as follows:

  • 978 families received payment
  • $209.7 million was paid
  • Median claim payment amounted to $150,000
  • The average wait to process a claim was 673 days

These are grim statistics. But they indicate that, with perseverance, it is possible to obtain a measure of justice for a lost loved one.

It is also possible to hold the VA accountable for disabling injuries. In one reported case, a veteran who suffered permanent total disability from negligently performed tooth extractions received a $17.5 million malpractice judgment.

Helping you file a VA medical malpractice claim

It is never easy to sue the federal government. Injured vets and their families can file an administrative claim using a standard Form 95 claim for wrongful death or injury. If that claim is denied, a plaintiff can sue in federal court under the Federal Torts Claim Act. However, there is a statute of limitations of two years, which means you must file an administrative claim or federal tort claim within two years of learning of the malpractice, or forever lose your right to compensation.

Given the complexity of the process and the urgency of getting your claim right, you should not go forward without a qualified and experienced veterans compensation attorney assisting you. Our dedicated attorneys are prepared to help you seek compensation for a variety of medical negligence issues, including:

  • Delayed diagnosis
  • Misdiagnosis
  • Failure to order necessary diagnostics
  • Failure to obtain informed consent
  • Prescription drug error
  • Surgical error
  • Post-operative infections
  • Failure to monitor patient

Medical malpractice claims can be difficult to prove, but you can rest assured that our trial attorneys are committed to seeing justice served.

Contact a law firm that stands for veterans’ rights

If you have a malpractice claim against the VA, trust a law firm that fights for veterans’ benefits. Wherever you are nationwide, you can gain from our knowledge and experience. Call Marcari, Russotto, Spencer & Balaban, P.C. today or contact us online today.