VA Malpractice

Knowledgeable Colorado Wyoming VA Medical Malpractice Attorneys

Medical negligence claims arising out of substandard care a Veterans Administration Medical Centers and Outreach Clinics require specialized handling. Veterans injured by VA malpractice normally have two pathways to assist them and their families. The first is a medical negligence claim under the Federal Tort Claims Act which usually offers the greatest range damages and the highest value avenue of recovery. The second is a claim for Veterans Administration Disability Benefits under 38 U.S.C. 1151 for persons disabled by treatment at a VA facility.

Accredited Services Officers frequently recommend pursing recovery under 38 U.S.C. 1151. While very helpful and knowledgeable in many instances, ASOs are not generally attorneys. ASOs do not have training or experience in prosecuting Federal Tort Claims Act cases for medical malpractice.

Many ASOs do not know or adequately appreciate that Veterans can file both a Federal Tort Claims Act medical malpractice claim and an 1151 VA Disability claim. Filing both claims together often maximizes the recovery available to the Veteran.

The attorneys at Jouard & Pickering, P.C. have the knowledge, skill and experience to advise you as to whether it is in your best interest to pursue only the Veterans Administration Disability Benefits claim under 38 U.S.C. 1151, only the Federal Tort Claims Act medical negligence case, or both claims at the same time.

When both claims are prosecuted, the attorneys at Jouard & Pickering, P.C. will assist in the Veteran with his/her need to prove medical negligence in the 1151 claim by going to the expense of retaining world class experts to review your treatment. ASOs are not in the position to do so as part of their assistance with your 1151 claim. Because we coordinate the prosecution of the claims, we minimize the risk that evidence and statements in your 1151 claim will damage your medical malpractice claim.

Just as ASOs generally do not have training in prosecuting VA medical malpractice cases, most attorneys feel uncomfortable accepting these types of cases. Attorneys filing cases against the VA need to have special experience because Federal Tort Claims Act cases are much different than others:

1. The law requires the filing a complete and thorough SF95 Administrative Claim form with the correct Federal Agency generally within two years of the error with some limited exception. Filing a late Administrative Claim may bar your claim completely and failing to provide adequate detail in the proper manner could result in the dismissal of parts of your case even if the Administrative Claim form is timely filed.

2. The law requires that the Federal Agency be allowed to administratively settle your claim before you can file a case in Court. There are specific requirements and time frames that must be followed. When there are requests for information made by the Government during this process, and if settlement discussions occur, critical errors may happen if you do not have the assistance of a qualified attorney skilled in this area.

3. Once the Federal Agency has denied your Administrative Claim, there are specific time frames in which the lawsuit must be filed in Federal Court. If your case is not filed in the correct court within the proper time frame, your case may be procedurally barred even though it has merit and you have suffered catastrophic damages.

4. In some States, for example in Colorado and Wyoming, there are special pre-filing requirements that must be satisfied. For example, in Wyoming, Veterans must file and complete certain stages of a proceeding before the Wyoming Medical Review Panel. In Colorado, Veterans must take specific steps to comply with Colorado's Certificate of Review law.

5. The types and amounts of damages which can be awarded may vary by State. Even though your case will be heard in a Federal Court by a United States District Court without a jury, the types of damages which can be awarded depend on the governing State law. Selecting the proper State in which to file your Federal Court case may be critical to its outcome.

6. When a case is settled or when a judgment is entered, there are unique issues in FTCA case such as its effect on your 1151 benefits. With proper attention, a settlement or judgment can usually be effected that will preserve your medical benefits under 1151.

VA medical malpractice claims present complicated and unique issues. For this reason, most attorneys do not feel comfortable handling these types of cases. We are committed to helping Veterans receive full and fair compensation in these types of cases.

Contact the law firm of Jouard & Pickering about your VA medical malpractice concern. We will arrange a free initial consultation, during which we will evaluate your case and advise you of your legal options.

Jouard & Pickering, P.C.
2038 Caribou Drive
Suite 100
Fort Collins, CO 80525
Phone: 970-482-1977
Toll-free: 888-482-1977
Fax: 970-225-6649
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