Bruce W. Carter Veterans Affairs Medical Center Medical Malpractice Attorneys
Bruce W. Carter Veterans Affairs Medical Center is one of the many health care systems that provide care through the Veterans Health Administration in the United States. They offer care at an estimated 1,243 health care facilities; 1062 of them by outpatient sites and 172 medical centers. Amazingly, annually, they serve nine million Veterans who seek medical aid. Not only do they provide medical attention for their Veterans, but they also offer them the essential information and tools to assist the Veterans to reach their optimal health. Bruce W. Carter Veterans Affairs Medical Center is one of the 172 medical centers that want Veterans to be well, but even with all the care and attention that could be offered at these medical centers, medical providers can always provide substandard care, resulting in medical negligence. “Medical standard of care” is the basis on how medical malpractice cases are formulated.
Bruce W. Carter Veterans Affairs Medical Center offers a wide range of services for their Veterans, including:
These are just some of all the services and care that they provide. Any of these services can be a place where medical negligence occurs, and leads to a medical malpractice lawsuit. The expert attorneys at Percy Martinez Law Firm in Miami, FL for medical malpractice comprehend the crucial importance that the “medical standard of care” plays for medical malpractice lawsuits. This notion is one that must be understood by all those seeking medical aid. Whether the medical professional acted within that standard or not, will determine whether the victim of the medical negligence has a case that could turn into a medical malpractice lawsuit.
So, what is specified in the medical standard of care?
In order for a medical malpractice lawsuit to even exist, if you are the victim, you must show that the physician that performed the medical negligence had a duty of care towards you (if they were treating you, then they had a duty). Once that has been established, then the way that the medical standard of care contract was violated must be demonstrated clearly by the alleged medical provider that committed the medical negligence. The way that the meaning is given to the medical standard of care is dependent upon how other physicians would have acted given the same situation. Of course, that physician has to be practiced and studied in the same area as the doctor that is being accused in order for them to give their expert opinion. Would they have acted differently? Would they have done the same thing? The answers to those questions are what will determine whether the standard of care was violated or not.
Understanding the Disparity: Government vs. Non-Government
Regretfully, lawsuits for medical malpractice happen quite a lot around the United States. When you are injured or die as a result of medical negligence that was offered through the Veterans Health Administration, the process is significantly different because it is a government facility. If you are a Veteran that suffered damages by Bruce W. Carter Veterans Affairs Medical Center medical provider, read the differences:
Procedure for claiming is different: Before being able to file a lawsuit for medical malpractice, you must first file a federal tort claim act form (Form 95). Because any employee of the VHA is a government employee, the defendant of the claim will be the United States government, meaning that it will be dealt with in federal court.
Statute of limitations: Unlike a regular case of medical malpractice, for cases of medical malpractice within the VHA, you would have to file your claim within two years from when the medical negligence took place.
The process of filing any medical malpractice claim requires expert help. It is not a lawsuit like a regular personal injury claim. You need to seek the legal representation of a professional medical malpractice lawyer in Miami, FL to file your medical malpractice lawsuit, especially against the government.
What Are Some Medical Malpractice Cases that Could Affect a Veteran?
Now that the disparities are known, learning about what types of medical malpractice cases can affect a Veteran is essential, especially if you are one of those nine million that seek assistance every year:
- Lawsuit for delayed diagnosis: Errors with diagnosis are amongst the most claimed for in all types of medical malpractice cases. In fact, Americans suffer from misdiagnosis at a rate of four million individuals every year. A delayed diagnosis is when a medical condition that you have should have been identified at an earlier stage. Maybe the medical provider did not perform all the essential tests needed to determine what you had, or maybe they disregarded some indicating symptoms that you presented them with, resulting in your delayed diagnosis. With a delayed diagnosis, comes a delayed treatment. These two elements can lead you down a disastrous road, particularly if the illness or condition you have is one that paces against time like cancer.
- Lawsuit for mistakes with medication: Typically, Veterans are much older when they seek medical treatment, and at a certain age, most people are already consuming medications. Mistakes with medications can lead to a medical malpractice lawsuit because they could cause an individual intense damage or worse. Perhaps the medical provider prescribed the Veteran the wrong medication; a medication that they are allergic to; a medication that has an adverse effect with another medication they are currently taking; too high of a dosage, too small of a dosage, along with other errors.
- Lawsuit for anesthesia error: Anesthesia is a common drug that is used during procedures that require the patient to be immobilized like a surgery. It allows the area that is going to be operated on not to feel any pain receptors. Despite its much-needed use, administering anesthesia cannot be performed by just any medical provider. It has to be someone who is studied in that specialty due to its delicate nature. Even administering the anesthesia one inch from where it should have been administered can create a situation of medical malpractice. Did they use too much of the drug? Did the use too little of the drug? Did they fail to monitor your vital signs while you were under the drug?
- Lawsuit for unnecessary surgery: Millions of operations are performed each year. Some are performed just because the patient decided they want to, and others are performed because they are needed. However, there are times where certain operations will be performed when the patient did not even need it, known as unnecessary surgery. If an unnecessary surgery was performed and the physician was negligent during the act, then you can file a medical malpractice lawsuit from Bruce W. Cater medical center.
Medical malpractice is a broad occurrence that includes many ways that a patient can become a victim of it. Any medical negligence that occurred during your care or treatment could signify a medical malpractice case. Before making any speculations, it would be wise that a Miami experienced medical malpractice lawyer at Percy Martinez Law Firm provide you with that crucial legal advice that you will need to get through the claims process.
Info, Graphs, Details on Medical Malpractice
This is some info on medical malpractice, facts, and charts that can help individuals better understand that medical malpractice occurs more often than we think:
- About 251 thousand people are killed every year due to medical error
- Third leading cause of death for Americans each year
- An estimated one-third of medical malpractice claims are due to an error with diagnosis
- An estimated one-third of medical malpractice claims are the result of a wrongful death
Chart shows the Basis for Medical Malpractice allegations for the year 2013
| Related to diagnosis | 33% |
| Related to surgery | 24% |
| Related to treatment | 18% |
| Related to obstetrics | 11% |
| Related to medication | 4% |
| Related to monitoring | 3% |
| Related to anesthesia | 3% |
| Other | 4% |
Chart shows the severity of the injury claimed
| Death | 31% |
| Significant permanent injury | 19% |
| Major permanent injury | 18% |
| Quadriplegic, brain damage, lifelong care | 12% |
| Minor permanent injury | 8% |
| Major temporary injury | 7% |
| Minor temporary injury | 3% |
| Emotional injury only | 1% |
| Other | 0.4% |
Information above is provided by Dolman Law Group
As noted from the charts, errors with diagnosis, whether is it a failure to diagnose, a delayed diagnosis, or no diagnosis, are amongst the top issues that result in medical malpractice and the aftermath of those consequences are most often death.
Bruce W. Carter Medical Center Lawsuits
These are some lawsuits that have been formulated against Bruce W. Carter medical center for medical malpractice:
Improper hip replacement
In 2017, a veteran sought a hip replacement at Bruce W. Carter medical center in Florida. He is suing the government alleging that it was improperly performed and is now causing him back pain and altering his walking. He is suing for 11 million dollars. The case is ongoing.
Feeding tube into lung?
In 2017, a medical provider at Bruce W. Carter medical center inserted a feeding tube into the lung of a veteran. They made a mistake during the procedure. The medical malpractice claim is ongoing.
Attorney for Bruce W. Carter Medical Center Medical Malpractice
Are you a veteran that trusted your health at one of the VHA’s facilities? Are you a family member that lost a loved one at the hands of the medical aid provided by this facility? If so, consulting with a skilled medical malpractice lawyer from our Miami, FL firm of Percy Martinez is the first step to take. We will assess your case thoroughly and decide whether there is enough evidence with your case that would allow us to file a medical malpractice lawsuit against them. Remember, filing a lawsuit against the government is not an easy task, but it is one that could be done with professional personal injury attorneys like ours. We will fight for your rights like you did for our rights. Call us today for free.
References:
- https://www.va.gov/health/
- https://www.nolo.com/legal-encyclopedia/what-the-medical-standard-care-malpractice-case.html
- https://www.defranciscolaw.com/claims-against-the-veterans-administration-medical-center.html
- https://www.nolo.com/legal-encyclopedia/suing-government-negligence-FTCA-29705.html
- http://www.alllaw.com/articles/nolo/medical-malpractice/doctor-be-sued-unnecessary-surgery.html
- https://www.law360.com/articles/947487/vet-sues-va-for-11m-over-gait-altering-hip-replacement
- https://newportricheyinjury.wordpress.com/2017/03/17/types-of-hospital-malpractice/
- https://www.google.com/search?q=Bruce+W.+Carter+Veterans+Affairs+Medical+Center&source=lnms&tbm=isch&sa=X&ved=0ahUKEwievYeJlv7cAhWN61MKHbnMD_wQ_AUIDCgD&biw=1906&bih=924#imgrc=TmZyNQ6iyVf6pM: – image
- https://www.google.com/search?biw=1906&bih=924&tbm=isch&sa=1&ei=Ngl8W9KGKYHdzwLxmraYDg&q=soverin+immunity+medical+malpractice&oq=soverin+immunity+medical+malpractice&gs_l=img.3…9633.11589.0.11669.20.17.0.0.0.0.154.1647.11j6.17.0….0…1.1.64.img..3.0.0….0.5obFz8KkFKU#imgrc=FQOGW7PoKfoISM: – image