Fewer Rights for Veterans in Medical Malpractice Cases

Salisbury, NCDespite putting their lives on the line, veterans have fewer rights in cases involving medical malpractice than the general population does. Despite this, some veterans are able to receive awards in cases where VA medical staff has been negligent in the treatment of veterans.

In the 2006 fiscal year, the Judgment Fund of the U.S. Department of Treasury paid $67.1 million to settle Veterans Affairs malpractice claims across the United States. During that time 225 claims were settled for $23.8 million, 138 lawsuits cost the department $38.3 million and eight judgments cost $5 million.

However, the VA claims system is not entirely fair for veterans. For example, under the Federal Tort Claim Act, veterans do not have the right to a jury trial and there are no punitive damages awarded. There is also a strict statute of limitations, meaning that if veterans believe they are the victims of malpractice, they have to act quickly to file a complaint.

One study, which examined 1,949 VA malpractice claims paid between 1998 and 2003, found that 37 percent of the claims involved "substandard care resulting in 'adverse events,' including injury, disability or death." Furthermore, 39 percent of the substandard-care claims involved diagnostic error.

There are a variety of examples of medical malpractice in the Veterans Affairs system. Earlier this year an American Air Force veteran filed a claim after a surgery in which a healthy testicle was removed rather than a potentially cancerous testicle.

In another lawsuit, the family of a Vietnam veteran filed a lawsuit against the Salisbury and Durham VA hospitals. The suit claims that the hospitals were severely negligent in the death of the 55-year-old veteran. The veteran went to the Salisbury hospital complaining of being constantly cold and unable to use the bathroom. Despite having a temperature of 92.8 degrees, lower than the temperature medically considered "hypothermic," the veteran was refused admission. After finally being pressured to admit the veteran, the hospital then repeatedly delayed treating him, even though his temperature continued to drop. After being left unsupervised and falling four times, including one fall that broke both his hips, the veteran was transferred to Durham VA for surgery and was then transferred between Salisbury and Durham five times without family knowledge or consent. A physician then gave orders to give the veteran medication to lower his potassium levels, but he was never given the medicine. On August 18, 2002 the veteran suffered a heart attack from which he never recovered. He died a week later.

Meanwhile, multiple deaths at the West Los Angeles Healthcare Center -- the largest Veterans Affairs medical center -- have caught the attention of Congress. The center was the site of five deaths from November 2006 to February 2007. The chairman of the House Veterans' Affairs Committee expressed concern that the Veterans Affairs Department seemed to want to cover up the deaths.

Three of the deaths, including one veteran who overdosed on methadone, occurred at a rehabilitation clinic where veterans with physical, mental, or substance abuse issues are treated. Despite the veteran's family warning officials that he may have had substance abuse problems in the past, he was allowed to take the methadone without supervision.

The deaths are currently being investigated, as are two other deaths that occurred in the center's emergency shelter for homeless veterans.

If you are a veteran and were injured because of medical malpractice, you may be eligible for some form of compensation. Contact a lawyer to discuss your options.