One of the greatest atrocities in America is the poor, dismal medical treatment provided to the majority of our veterans at medical facilities and hospitals operated by the Department of Veterans Affairs (VA). The quality of care provided at these facilities has continued to deteriorate year after year. These are not isolated events. Serious harm or death is typically the result of systemic deficiencies seen at VA facilities all over the country. 

Smolen Law believes that all veterans in the United States deserve the best medical treatment available, not the worst being currently provided. We believe that the only way to invoke change is to hold these facilities and medical providers accountable.

This is where the Alpha Firm comes in.

We believe that the medical errors and neglect running rampant in VA facilities can be corrected through the civil justice system. Bringing claims under the Federal Tort Claims Act (FTCA) on behalf of our military heroes creates the type of deterrence needed to bring about much-needed change.  

The Federal Tort Claims Act (FTCA).

Filing a claim against a VA medical facility or medical provider must be done under a special law: the Federal Tort Claims Act (FTCA). The law has specific requirements that must be followed to the letter. Smolen Law will walk you through the entire process.

Why you should let Smolen Law help file your claim.

 It used to be extremely difficult for a veteran to sue the VA for medical malpractice or neglect, and impossible for active-duty military. This is NO LONGER the law, which has changed in recent years.

To bring a lawsuit under the FTCA, an administrative claim must first be filed (Standard Form 95) within two years from the date of the malpractice and/or neglect, followed by a six-month period while the VA investigates the claim. It’s important to file with the correct local VA office or the claim can be delayed or denied. It’s also essential to file within the VA medical malpractice statute of limitations. If the claim is denied (and it typically is), a lawsuit must be filed in federal court—and only in federal court.

Winning these cases can pose a significant challenge. Trust the experienced VA medical malpractice team at Smolen Law to get the justice and compensation you deserve. 

Call today for a free, no-obligation consultation. If the team at Smolen Law decides to take your case, it will be done on a contingency-fee basis, meaning that NO MONEY ever has to come out of your pocket. You will never pay a cent up front for legal services provided to you by the Alpha Firm.