What can I do if the VA hospital supposedly did an operation on my knee but 4 months later another doctor did the same operation but couldn’t see where the VA had done anything?

Asked on March 24, 2014 under Malpractice Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Obtain the second doctor's medical report to support your medical malpractice claim against the VA.

It would be advisable to contact the VA to obtain information on the procedure for filing a claim and the address for filing the claim.  Since this is a government claim, it will need to be rejected prior to filing a lawsuit for negligence against the VA.  Your claim should include your medical records from the VA, your medical bills and medical reports from the second doctor and documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the VA, NO lawsuit is filed.  If your government claim is denied, be sure to comply with all filing deadlines or you may not be able to proceed with your lawsuit for negligence.

If you are dissatisfied with settlement offers from the VA, reject the settlement offers and file your lawsuit for negligence against the VA and U.S. government.  If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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