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Can a Veteran's Hospital be sued for malpractice or for negligence of a patient in their care?

My Husband kept going to the Hospital for a year complaining of a sore throat. I took him to another Veteran's Doctor and he found the Throat Cancer. It has since spread to his lungs and is terminal.

KitKat,
I'm so sorry to hear of this. My heart goes out to you both.
To your answer yes I believe so but you better get legal advice. I live in BC. Canada and what was told to me (When similar medical problem Was I had to sue, hospital, doctor /s and would take years to settle.)
Go onto court websites, read others case's.
This will give you some ideas what to do and not do.
(As you know court records are open knowledge.)

I believe there is a case going on right know in the states about a lady whom was told she had not long to live with Breast Cancer. Her daughter took her to other doctor, to only find out she never had it at all! (She is suing)

http://www.lectlaw.com/med/med07.htm

I'm pretty sure that any hospital can be sued for malpractice or negligence if you have evidence of it. It shouldn't matter if it is a veteran's hospital or not.

Yes, in theory, but I believe the lawsuit would need to be filed in the Court of Claims, which judges the validity of claims against the Federal Government and reports its findings to Congress, which may then in its sole discretion either appropriate funds to pay claims that were found to be meritorious by the Court of Claims, or not.

If not, there is really no recourse because neither of the other branches of the Federal Government (executive or judicial) can, in view of the separation of powers, compel Congress to appropriate funds for anything, and in the final analysis the Federal Government enjoys sovereign immunity except to the extent it chooses in its discretion to waive it by statute or treaty in specified cases.

Good luck. Go talk to a lawyer that handles medical malpractice in your area. He/she will tell you if u have good case or not

There are several class action law suits in processright now against the V.A. due to poor or improper health care. So to answer your question, DEFINITELY!!!!

To sue a government employee you first must have the permission of the government.
Ain鈥檛 gonna happen particularly for the physicians who tend to wounds received by our valiant veterans serving our country and keeping our republic free so simple-minded individuals can refer to this service as 鈥渟ocialized medicine.鈥?/div>

  • 8 months ago

YES THEY CAN! WHAT YOU NEED TO DO IS FIND A LAWYER AND ASK YOUR QUESTIONS.... THEY WILL HAVE ALL OF THE ANSWERS OR WILL KNOW HOW TO FIND THEM! MOST OF THE TIME A CONSULTATION IS FREE...
BEST OF LUCK!
RCLAWSON IN NC

Yes. but you have to have information of the condition of the pet, medicines the pet receive, paper work from the clinic with dates and treatment suggested and applied to the patient and the reason why you are suing the clinic and the vet. for negligence and last, get a very good lawyer.

Yes, but if there's anything seriously wrong..you'd probably be dead before it got settled..we are talking about the Government don't ya know! You'd definitely need documentation and 2-3 other doctors opinions as to the malpractice or negligence. And if you got the big stall you might need a Congressman or Senator to put the scare into them. But Yes it can be done..and if you're serious you need to find you a lawyer experienced in those matters..their initial consultation should be free. Hope it helps!

Your husband needs to see his local County Veterans Service Officer. He needs to start with an 1151 claim.
Did he serve in VN? If so, he may be entitled to service connection based on his exposure to Agent Orange. Lung cancer is one of the presumptive conditions.

Mine was only mis-diagnosed for 3 months. But, of course, it was the size of a golfball by then.

Basically, yes. Since your husband had been complaining of the ongoing symptom(s), then further tests should of been performed. If the in- house Doc wasn't able to find the cause, then your husband should of been referred to a specialist that would be aware of what further tests should be performed. It would be best that you seek legal advice as to what your recourse is.What has the VA said in regards to their treatment?? You will need to obtain hospital records, any pertinent information that you have or knowledge of. Have you talked with the Administrator in regards to your husband's care?? It's just that certain steps need to be followed.If you have tried all options then, please contact an attorney. You can always contact the Board of Medicine in the State that this occurred. There is a way for you to file a complaint against the Doc and/or facility. I hope that this has helped some. I'm sorry for your loss.

you would think that you could but some where in the paper work that they make you sign has something about in the event of death in any matter it isn't the hospitals fault but in your area if you have a really good lawyer they can find the loop holes and go through them good luck it may be able to be done

The VA is socialist health care and should be eliminated from the budget.

Pay for your own health care leftist radicals!

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