can a veteran sue the va for malpractice

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can a veteran sue the va for malpractice

have had 2 eye surgeries neither has worked I do not think the dr knows what he is doing

Asked on August 19, 2017 under Malpractice Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can: the Veteran's Administration is not immune from lawsuit (though they are additional procedural hurdles or requirements when suing the government). You can sue the VA and the doctor, too.
Bear in mind that it's not enough, though, that the surgeries did not work: the practice of medicine is not perfect or guaranteed, and the law accepts that. Sometimes procedures don't work even when the doctor does everything right; when that happens, there is no malpractice. Malpractice is medical care which is professional negligent (or unreasonably careless) and which does not meet current accepted medical standards.  And you need medical evidence, such as testimony from another doctor in the relevant field who examined you, that the medical care was deficient: your opinion, as a non-expert layperson, is not valid evidence of malpractice. So before looking to sue--is there some medical evidence that the procedures were done incorrectly or sloppily? If you don't have that, you don't have a case.


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