Search Site
Veterans Medical Malpractice

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, 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, 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.

Veterans’ Disability Benefits Claim Denied?
We represent clients nationwide. Call 866-866-VETS

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 today or contact us online today.

  • Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.

    — Alfred Daye

  • As a disabled veteran trying to navigate the complexities of the Veterans Administrations regulations, I turned to the law firm of Marcari, Russotto, Spencer and Balaban. They helped me understand what I needed to do and prepared and presented to the VA an excellent presentation of my case. I recommend them for your legal needs.

    — Harry Johnson

  • I was very satisfied with the excellent and professional manner the law firm handled my claim. I highly recommend any veteran who needs help with his or her claim to use Marcari, Russotto, Spencer & Balaban P.C. Special thanks to Mr Spencer for being very professional and courteous during the appeal process. Again Thanks to the entire firm for a job well done!

    — Luther Henderson

  • My husband & I highly recommend this law form to any veteran trying to navigate the endless red tape of the VA. We turned to Marcari, Russotto, Spencer & Balaban to handle my husband's appeal and could not have been happier. We enjoyed open and consistent communication regarding our case. Any questions we had were answered immediately.

    — Michele DeZayas

  • Amanda Medina-Morales was our point of contact and she kept us up to date on the progress of our case. It was a pleasure and relief knowing that someone truly competent and professional was handling this and fighting for us.

    — Michele DeZayas

Contact us

Quick Contact Form