VA Medical Malpractice Lawyers

VA Medical Malpractice Lawyers

Making the legal system work for VETERANS.

VA Medical Malpractice Lawyers - Serving Injured Florida Veterans Since 1992
The law firm of Lutz, Bobo & Telfair, P.A. fully understands the obstacles and frustrations veterans and their families endure when dealing with the Veterans Administration (VA). We understand these frustrations because we are a veteran owned law firm, with multiple veteran employees on staff. Because of this fact, the VA medical malpractice lawyers of Lutz, Bobo & Telfair, P.A. fight tirelessly to ensure that veterans and their families receive the compensation they deserve after being seriously injured by the VA healthcare system.

Unlike claims filed against civilian doctors or hospitals, all medical malpractice claims against the VA are governed by the Federal Tort Claims Act (FTCA). The main difference is that the FTCA mandates that all medical malpractice claims against the Federal Government must be initiated by first submitting a Standard Form 95 (SF 95), along with detailed medical information, to the government. The FTCA does not allow claimants to immediately file a lawsuit in court. Once the SF 95 has been submitted, the Federal Government has six months to review the case and either grant or deny the claim. If the claim is denied, the claimant has six months from the denial date to file a lawsuit in Federal Court. If the government takes longer than six months to review the claim, the FTCA still allows the claimant to file a lawsuit in Federal Court.

If you or a loved one have been seriously injured by the negligence of the VA healthcare system, the lawyers of Lutz, Bobo & Telfair, P.A. can review your claim and help you understand your legal rights. To learn more about your legal rights or how our VA medical malpractice lawyers can help you file a claim, call us today or send an email. We’re here to help YOU.

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Common VA Malpractice Claim Questions

You can click on any of the questions below to read the corresponding answers. If your question has not been answered below, feel free to contact our VA medical malpractice lawyers via email or you can call us toll free at (866) 802-8182. For all VA or military medical malpractice cases, resulting in serious injury or wrongful death, we offer no cost initial consultations.

Do I Need an Attorney to File a VA Medical Malpractice Claim?

The simple answer to this question is no. The FTCA does not require you to have a lawyer to file a VA medical malpractice claim. Anyone filing a VA medical malpractice claim can fill out an SF 95 with the required information and submit it to the Federal Government. Despite that, the VA medical malpractice lawyers of Lutz, Bobo & Telfair, P.A. would advise that anyone considering a claim against the VA to first seek the guidance of an experienced VA medical malpractice attorney.

Under the guidelines of the FTCA, once the claim is submitted via SF 95, the monetary amount specified for damages cannot later be modified or increased. Determining the accurate total dollar amount for damages being sought in any medical malpractice claim is a very complex task. Too often, claimants focus on the short term and fail to fully consider the long term monetary implications of their medical condition. If you or a loved one have been seriously injured by the negligence of a VA hospital or physician, feel free to call or send an email to the VA medical malpractice lawyers of Lutz, Bobo & Telfair, P.A. today. We offer no cost initial consultations for all VA medical malpractice claims.

Can I sue after being injured by negligent medical care while in a VA health care facility?

Yes. In 1946, The U.S. Congress enacted the Federal Tort Claims Act (FTCA). This act give individuals the right to file claims against the United States for injuries sustained due the negligent actions of federal employees. This includes medical malpractice committed by doctors or other health care staff employed by the United States government.

If I sue the VA for medical malpractice, will I lose my right to further VA medical care?

No. The Federal Tort Claims Act (FTCA) prohibits reprisal against anyone exercising their rights under the FTCA. Any reprisal or retribution would violate federal law.

Are there time limits involved when suing the VA for medical malpractice or wrongful death?

Yes. The Federal Tort Claims Act (FTCA) sets the statute of limitations against the federal government at two years. The two year window starts on the date that the injury from medical malpractice occurred or the date that the injury was discovered or reasonably should have been discovered by the injured person. If the injured person continues with treatment, the statute of limitations may possibly be extended. Determining a case’s eligibility under the statute of limitations can be complex. Before making any final decisions about your case, call or send an email to the VA medical malpractice lawyers of Lutz, Bobo & Telfair, P.A. today. We are familiar with the FTCA and can help to determine your eligibility.

Can active duty military members sue for medical malpractice or wrongful death?

It depends. If the active duty service member was injured by negligent medical care at a military or VA health care facility, as a rule, they are not allowed to sue the federal government. However, the active duty military member is not barred from suing on behalf of their family members. If the spouse or child of an active duty service member are injured or die as a result of medical malpractice in a VA or military medical facility, they may be able to sue the federal government to recover damages for the injuries or death.

Are there special procedures for suing the Federal Government for medical malpractice or wrongful death?

Yes. Before you can sue the federal government in a court of law, the Federal Tort Claims Act (FTCA) mandates that you must first file a formal claim with the agency you are accusing of causing the injury or death. This claim is filed using Standard Form 95 (SF 95), along with detailed medical records of your claim. The SF 95 details the events leading up to the injury, the injuries sustained wile under the treatment of a VA or military health care facility as well as the monetary damages these injuries or death have caused. Once the SF 95 is filed, the federal government is allowed six months to investigate the claim. In many instances, the lawyers representing the government will request more information or to speak directly with the claimant or their family. If the government denies the claim, the claimant has six months to file their lawsuit in federal court. If the government takes longer than six months to review the claim, the claimant can file a lawsuit in federal court.

Where do I file a medical malpractice or wrongful death lawsuit against the VA?

All cases against VA or military health care facilities must be filed in federal court where the medical malpractice or wrongful death occurred or where you live. If you traveled to a distant VA or military health care facility or have moved since the injury occurred, you then have the option file the lawsuit where you were treated or where you live.

If I sue the VA for medical malpractice, do I get a jury trial?

No. The Federal Tort Claims Act (FTCA) prohibits jury trials for any claims against the federal government. All claims falling under the FTCA are brought before a federal judge who hears the evidence and renders a verdict.

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Sarasota Office:

2 North Tamiami Trail, 5th Floor
Sarasota, FL 34236

Toll Free: (866) 802-8182
Local: (941) 951-1800
Fax: (941) 366-1603

Hours:

Monday – Friday
8:30 AM – 5:15 PM

Saturday & Sunday Closed

Tallahassee Office:

2155 Delta Blvd, Suite 210-B
Tallahassee, Florida 32303

Toll Free: (877) 521-0890
Local: (850) 521-0890
Fax: (850) 521-0891

Hours:

Monday – Friday
8:30 AM – 5:15 PM

Saturday & Sunday Closed

Bradenton Office:

2401 Manatee Ave W.
Bradenton, FL 34205

Toll Free: (866) 802-8182
Local: (941) 748-8778
Fax: (941) 366-1603

Hours:

Monday – Friday
8:30 AM – 5:15 PM

Saturday & Sunday Closed

Punta Gorda Office:

122 Nesbit Street
Punta Gorda, FL 33950

Toll Free: (866) 802-8182
Local: (941) 655-6910
Fax: (941) 366-1603

Hours:

Monday – Friday
8:30 AM – 5:15 PM

Saturday & Sunday Closed