NO FEE IF NO RECOVERY
Call toll free
1-800-477-1822
Please fill out
the form below
to Schedule a
Free Consultation
Frequently Asked Questions :: VA Medical Malpractice Claims
Who can sue the government?
Veterans, military dependents, retirees and family members are entitled to file claims for injuries caused by the medical malpractice of military or VA healthcare providers. Active duty service members who are injured by negligent government employees incident to their military service may not sue the government for their injuries received on active duty. However they may file claims on behalf of their dependents who may have been injured by negligent government employees.
How do I know if I have a case?
A medical malpractice case involves a situation where a doctor, nurse, or other health care provider fails to comply with the appropriate standard of care required of their profession, and because of that failure, causes a patient to suffer an injury. If you suspect that you or a family member has suffered an injury due to the malpractice/negligence of a military or VA healthcare provider and were not on active duty at the time, it is important that you consult with an attorney experienced in filing claims against the United States government under the authority of the Federal Tort Claims Act (FTCA).
What is the Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA) is a federal law that was enacted in 1946 in order to permit individuals injured by the malpractice/negligence of government employees to be compensated for their injuries. Prior to that time, it was not possible to successfully recover compensation for such injuries. There are certain limitations on who may be eligible claimants, and before any lawsuit can be filed against the United States, every claimant must first file a claim and comply with complex regulations promulgated by the various government agencies.
Is there a time limit for me to file a claim?
The time limit is subject to a number of different factors. A claim must be filed within two years of the date that it accrues. If it is not filed within that two-year timeframe, it will be forever barred, and you will not be allowed to successfully pursue the claim. The question of when a claim accrues is a very difficult question, and lawyers and judges continue to struggle over this issue. The two-year time limit may not start until you become aware of the injury and the cause of the injury. If you think you may have a claim for medical malpractice, even if the incident occurred more than two years ago, you should consult a lawyer with experience handling these claims under the Federal Tort Claims Act (FTCA)
Do you handle service-connected disability cases?
Compensation for disability benefits are regulated by federal laws entirely different from those laws regulating malpractice claims under the authority of the Federal Tort Claims Act (FTCA). Service members injured on active duty incident to military service are not entitled to file medical malpractice claims against the United States. Such injuries may be compensated through service-connected disability, veterans’ benefits, or similar federal disability and death benefits statutes. However, they may not file a medical malpractice claim under the Federal Tort Claims Act for those service-connected injuries. Even after the service member separates from active military service, he or she may not pursue a medical malpractice claim for the service-connected disability that occurred on active duty. For these reasons, this Law Office does not handle service-connected disability cases.
Why should I hire your firm?
Walter Oleniewski supervised the defense of all medical malpractice litigation against the United States government and its employees, and has a thorough understanding of how the government defends medical malpractice claims. After government service he has exclusively limited his practice to representing persons injured by medical malpractice/negligence of all ranks of military members and veterans, including enlisted personnel, officers, general officers, White House staff, lawyers, physicians, and their families. The Martindale Hubbell Law Directory, which is available in the reference section at most public libraries, provides peer review ratings, attesting to a lawyer’s legal ability and professional ethics, and is a publication used by lawyers for authoritative information on the worldwide legal profession. Walter Oleniewski has received the highest possible Martindale Hubbell rating.
Do I speak directly to a lawyer about my case?
Attorney Walter Oleniewski will personally consult with you.
NO FEE IF NO RECOVERY
Call Toll Free 1-800-477-1822
