Veterans receive treatment at VA hospitals, medical clinics, nursing facilities, and military bases. When a Veteran is injured or dies due to the negligence of a federal employee, there are two types of relief available to the Veteran or the Veteran’s family. The Veteran or the Veteran’s family can bring a claim against the VA under the Federal Tort Claims Act or Title 38 U.S.C. §1151. The Federal Tort Claims Act allows a Veteran to pursue a malpractice claim against the VA. A Section 1151 claim allows the Veteran to apply and receive disability compensation from the VA for that injury.
The Federal Tort Claims Act details the procedure for bringing claims against the United States as a result of personal injury or death cause by negligence, omission, or a wrongful act by a government employee who was acting within the scope of his or her office or employment. Under the Federal Tort Claims act, the United States is liable to the same extent and in the same manner as a private individual for loss of property, injury, or death. For Veterans, this commonly involves misdiagnosis, surgical errors, failure to diagnosis, birth injuries, or preventable complications to a Veteran by a doctor or employee of a VA hospital, clinic, or nursing home.
A Veteran can also bring a claim under Section 1151 of the United States Code if the Veteran’s disability or death was caused by VA medical malpractice. Section 1151 allows for additional compensation for the disability or death in the same manner as if the disability or death was service-connected. The Veteran must show that the disability or death was the result of carelessness, negligence, lack of proper skill, or error in judgment on the part of the VA.
In some cases, a Veteran can win both a Federal Tort case and be granted additional benefits under Section 1151. However, this does not result in a double payment for the Veteran or the Veteran’s family. The VA would withhold payments for Section 1151 benefits until the total amount of the Federal Tort judgment was offset.
If you have any questions about the Federal Tort Claims Act or Section 1151, the qualified Veterans’ Disability attorneys at Gardberg and Kemmerly want to help in any way possible. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call our office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama. We would love an opportunity to discuss your claim.