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Can service members bring malpractice claims against the VA?

On Behalf of | Aug 3, 2022 | Misdiagnosis |

Veterans who serve in the United States military have a right to certain benefits both during and after their service. Medical care is one of the most important benefits provided, but veterans have historically had to give up certain rights to make use of these benefits. 

The Department of Veterans Affairs (VA) helps provide social and medical support to veterans after the end of their active duty. Former service members rely on the VA for medical support, especially if they have injuries or medical conditions that result from their service.

In the past, service members have had very few rights if they were unhappy with the treatment that they received from the VA, even if they suffered terrible medical outcomes because of obvious mistakes. Is it possible to bring a medical malpractice claim if you are a veteran negatively affected by the care you received at a VA facility?

Veterans now have malpractice protection

The federal government has changed its approach to veterans’ healthcare in recent years by allowing for malpractice claims in certain scenarios. Typically, service members cannot make malpractice claims for emergency care provided in conflict zones, but they may have grounds for malpractice lawsuits or insurance claims based on the care they receive at VA facilities within the United States.

Inadequate care, gross negligence and diagnostic mistakes are among the many reasons that veterans or their surviving loved ones may be able to pursue a medical malpractice claim against the VA for care at a domestic facility. Learning more about military medical malpractice claims and your rights as a veteran can help you stand up for yourself when your post-service benefits do more harm than good.