Medical Case Against A Veteran's Hospital
I believe that I was a victim of medical malpractice while I was a patient at the VA hospital in Nashville. How much time do I have to file a medical malpractice claim against the VA?
You may have a claim under a law known as the Federal Tort Claims Act ("FTCA"). Under the FTCA, you cannot file suit without first filing a claim. Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury. The claim must be filed with the appropriate federal agency.
The government then has six months to evaluate the claim. It may try to settle the case, or it may deny the claim. When the government denies a claim the claimant then has a right to file suit in federal court. If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.
You will need the assistance of a lawyer to help you evaluate the case and handle the paperwork. I would not recommend that you attempt to file the claim on your own because the failure to do it correctly can have a devastating effect on your claim.
