FTCA and Claims Against
VA Medical Centers
When harm is done by the VA, or any government employee, you can only make your claim under one law - the Federal Tort Claims Act (FTCA). David Damick's experience and knowledge regarding this law is nationally recognized, and his advice is sought after by attorneys and clients across the country. Medical Negligence claims and suits against the VA and the people who provide care, as well as in military base hospitals, is a major focus of our work. Our staff understands the particular needs of families and veterans, and the particular problems unique to the VA.
Our nation must come to grips with the fact that VA hospitals have systemic problems. Doctors, nurses, and entire departments lack communication, and orders for tests or treatment are sometimes ignored or lost as a result. We have a duty to our veterans and their families. When that duty is broken, and serious injury, harm, or death results, our office is among the most experienced and successful in bringing claims and prosecuting lawsuits.
We understand PTSD and TBI injuries and claims. We understand brain damage from neglect. We understand surgical errors and
infections after surgery. We understand the process and problems even with car or truck accidents from post office or other government workers.
A difference you will see between The Law Offices of David N. Damick and many other firms is that we will not promise you the moon. We will honestly evaluate what we can do, and what we cannot do based on the law, facts, and merits of your case. Our office has been very successful for our veterans, their families, and those injured by government negligence, and our staff knows how to address your concerns.
Call us today for a free consultation.
We are here to help.
Some Common Questions About the FTCA
Our firm has successful experience and is consulted nationally for its work in claims for Veterans and their families against the government for negligent medical care or vehicle accidents. Please review these common, important questions below. We look forward to hearing from you and discussing your unique circumstances and case. We are here to help.
If you are injured by poor care at a VA Medical facility, can you sue?
Yes, but you MUST do it under a special law, the Federal Tort Claims Act (FTCA), and you MUST follow the initial claim procedures properly.
Is this the same if you, or a family member, is injured by care at a military hospital or at a federally funded local clinic?
Yes. There are differences, but these are all claims under the FTCA, which is the only source of relief. You should note that if you are an active duty member of the Armed Forces, you are barred from suing the government under a rule called the "Feres Doctrine." However, family members of active duty personnel can sue.
Many community clinics are paid for partly with federal money, which also means you must follow the FTCA or lose your rights.
How do I make a Claim, and can I do it myself?
In any claim against the government, the FTCA requires that you first file an "administrative claim" and then give the agency six months to consider it. Only then are you allowed to file a lawsuit, and that lawsuit must be in Federal Court. There are very specific rules regarding making an administrative claim, and an error can be fatal to your suit. Many people come to us after having filed claims on their own, and often it is too late to make changes. So, you can file a claim on your own, but we strongly advise having the experience, advice, and counsel of a successful law firm behind you.
What about accidents involving government and Post Office vehicles?
The FTCA applies - with all its requirements - when a Post Office, FBI, or other government car or truck is in an accident. Talk to us to assure your rights against government drivers are not lost.
Why Our Firm?
Your first talk with us will tell you. Aside from our successes, we both listen and explain, so you know what is being done and why. Feel free to compare what you hear from us. ALL of these cases are tried to a judge, alone, in Federal Court. We know those courts well.
An Example of a Recent Case:
$8,300,000 verdict in Federal Court for a veteran, after the VA spread, and then failed to
treat an infection after a heart stent procedure. The veteran suffered brain injury due to blood loss.