Whether you have sustained an injury or become ill, you will very likely rely on the expertise, knowledge, and skills of an experienced doctor or other health care provider to care for your injury or ailment. From running diagnostic tests to doing blood work, performing surgery to setting broken bones, and everything in between, doctors and medical staff are the individuals who we trust and depend on for all of our health care needs.
When it comes to the care and treatment of veterans of the United States military, the government set up VA hospitals to provide them the healthcare they need. Veterans should be able to seek out the medical attention of a VA doctor and be able to receive their necessary treatment quickly and effectively.
Sometimes, though, a health care provider will make a mistake, either accidentally or out of negligence, and this mistake can result in a serious injury or even the death of the patient. Regardless of the reason, this is known as medical malpractice, and the victim’s resulting injuries or deaths caused by that malpractice deserve compensation.
For non-government related health care institutions, a victim may be able to file a medical malpractice claim with the representation and advice of an experienced New York City medical malpractice attorney.
In the case of a veteran receiving medical care from the VA, the situation may be a bit more challenging since the VA is owned and operated by the United States government. In either situation, though, the victim (or the family of the victim in a wrongful death case) deserves compensation for the injury.
What Is a New York Medical Malpractice Case?
Medical malpractice cases in New York are filed when a doctor, nurse, or other kinds of medical provider accidentally causes harm or their negligence results in injuries or death of a victim. People inherently trust their doctors and other healthcare providers because of the extensive training and education the doctors have undergone and continue to participate in to expertly treat their patients. When a doctor breaks that trust by making a serious error and causes harm to the patient, that injured person deserves to take action in order to become “whole” again, legally.
A New York medical malpractice case is filed, usually by the plaintiff’s medical malpractice law firm, against the responsible party. The possible outcomes of NYC medical malpractice cases may include a few different types of damages such as economic damages (including future losses) and non-economic damages, depending on the circumstances of your doctor’s medical negligence. Certain restrictions are in place when it comes to medical malpractice to prevent frivolous lawsuits, but legitimate medical negligence deserves compensation for the victims.
In an NYC medical malpractice case, you may be eligible for economic damages which include the costs of medical expenses, lost wages, loss of future wages, and anticipated future medical needs (prescription medications, medical equipment such as crutches and walkers, rehabilitation, and physical therapy). Non-economic damages may include emotional distress, pain and suffering, loss of consortium, and consequences of disfigurement.
If your loved one died as a result of the New York City medical negligence or the failure to diagnose, your family may also sue for the costs of a funeral and burial as well as anything else related to your family’s loss.
Those who have suffered injuries and losses as a result of medical negligence should also be able to focus on the healing and recovery process rather than any type of legal battle that may ensue. To avoid the added stress and anxiety related to legal situations and the healthcare system, it is important for victims of negligence to seek out a lawyer with experience and extensive knowledge of medical malpractice cases to provide them legal advice and representation.
In New York state, the professional legal team at Gregory Spektor & Associates is here to stand up for the rights of medical malpractice victims and fight for the compensation they deserve.
How Is Medical Malpractice in New York City Different for Veterans?
Veterans of the United States military are deserving of respect and admiration, and this includes the treatment they receive for injuries they sustain and illnesses they may develop. At a VA hospital in New York, patients who are U.S. veterans are able to receive the treatment they need from experts in the medical field.
Unfortunately, even doctors at a VA clinic have been known to make mistakes during treatment or injure their patients with a failure to diagnose the condition. Those patients who have been injured due to a New York VA doctor’s negligence deserve to file a case for medical malpractice.
When veterans who are receiving medical treatment from a VA hospital are injured as a result of NYC medical malpractice, many believe that they will not be able to file any type of lawsuit because a VA hospital is owned and operated by the United States government.
Being able to sue the federal government requires that very specific requirements are met concerning the medical malpractice claim. Filing a medical practice case against the U.S. government is possible thanks to the Federal Tort Claims Act, but the strict requirements of the FTCA make the lawsuit more difficult than a non-governmental New York medical negligence claim.
Can a New York Veteran Sue a VA Health Care Provider?
The short answer to the question of whether or not a veteran can file a medical malpractice case against the VA whose negligence caused greater harm is yes. However, there are stipulations and requirements of the Federal Tort Claims Act which must be met in order for victims to seek damages.
Veterans seeking compensation for damages and injuries sustained by medical malpractice should entrust their case to an experienced VA medical malpractice attorney such as ours at Gregory Spektor & Associates in New York for legal representation and advice.
According to the Federal Tort Claims Act, veterans seeking to file a medical malpractice case must meet certain stipulations in order to have a valid case.
These requirements include:
- Proof that the damages sustained by a veteran patient resulted from the negligence of a doctor, nurse employee, or other medical agent performing duties within the scope of their job duties;
- Damages sought within the medical malpractice case must match the types of compensation that the victim would receive in a medical malpractice suit against a private institution or healthcare provider;
- No willful torts filed against the VA hospital for acts committed by government employees;
- No punitive damages are sought;
- Applicable New York laws are considered alongside the Federal Tort Claims Act
These types of medical malpractice cases can be very difficult given all of the specifics that must be considered. If you are a veteran who has been seriously injured by the negligence or carelessness of a VA hospital employee, you may be eligible to file a medical malpractice case in New York. It is important to seek the legal representation and advice of an experienced attorney such as ours at Gregory Spektor & Associates to handle your medical malpractice litigation.
Why Contact Medical Malpractice Law Firms to Handle the Lawsuit
When it comes to handling a case of medical malpractice, either with a VA hospital or for a private institution, it is in the best interests of the plaintiff to hire a professional legal team to work on their behalf.
A professional lawyer is able to provide exceptional legal services, especially when medical malpractice occurs. At Gregory Spektor & Associates in New York, our attorneys will represent a victim of medical malpractice to the best of our abilities. From brain damage to injuries resulting from medication errors or anesthesia errors and everything in between, a medical malpractice lawsuit may be filed and a medical malpractice lawyer can handle a variety of critical activities for the claim in order to provide that the medical standard of care was not met.
- Making sure the standard of care was not met considering the patient’s age, medical history, and nature of the illness or injury
- Ensuring the statute of limitations (2.5 years for medical malpractice) has not expired on your claim
- Fully investigating the circumstances of the situation which cause your injury or furthered you illness
- Acquiring and investigating your medical records and notes made by a medical team handling your case
- Contacting and procuring the services of medical experts to testify on your behalf concerning the doctor’s error and if the error was unreasonable in this situation
- Filling out and filing the correct paperwork and documentation for a New York medical malpractice claim to ensure the best possible outcome
- Using medical and financial professionals to help determine the appropriate amount of compensation you are due for the injuries you sustained from the medical professional
- Protecting you from the tactics of an insurance company or defense lawyers hoping to make a deal with you for a settlement that substantially undervalues your horrific experience
- Providing exceptional legal representation in and out of court, if a trial is necessary
As the victim of medical malpractice, it is essential that you take the time and energy to focus on the healing process rather than attempting to handle your case on your own.
In the state of New York, the legal requirements for a medical negligence case are very particular, especially as it relates to a VA hospital or staff member. Take advantage of the experience, knowledge, and expertise of a professional law firm so that you can have peace of mind knowing your claim will be handled expertly.
Let our medical malpractice lawyers deal with defense attorneys and insurance companies so that you do not have to. At Gregory Spektor & Associates, we are dedicated to fighting for the justice and compensation you deserve for the injuries and losses you have sustained because of a medical professional’s negligence and ignorance of the standard of care in the treatment of your case.
Contact Our New York City Medical Malpractice Attorneys
At Gregory Spektor & Associates, our New York medical malpractice lawyers are committed to helping veterans who have sustained serious injuries as a result of medical negligence or carelessness while rendering care or a VA hospital doctor or another member of the medical staff.
If you are a veteran or the family member of a veteran who has been injured or died as a result of medical negligence of a healthcare provider at the VA hospital, contact our expert New York law firm. Each personal injury lawyer at Gregory Spektor & Associates has vast experience in medical malpractice suits as well as a wealth of knowledge concerning the specifics of medical malpractice claims related to veterans and the VA hospital. Contact us today for a free consultation to discuss your case and the possibility of a settlement.
Doctors and other healthcare professionals have an obligation to properly care for a patient. This most certainly includes doctors at the VA hospital providing medical care for veterans who have served their country in the United States military. Our litigation and trial lawyers will go above and beyond working on medical malpractice complaints, especially for veterans. We work diligently to get the best possible outcome such as a settlement from the hospital.
Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422