Veterans: No guarantees they won't Suffer Medical Malpractice

November 4, 2006, 12:00AM. By Heidi Turner

Washington, DCUnfortunately, being a veteran does not guarantee that you won't be a victim of medical malpractice.

However, if that medical malpractice occurred at a Veterans Administration (VA) hospital, you are entitled to sue the US government under the Federal Tort Claims Act (FTCA).

Incidents of negligence at VA hospitals range from surgical errors to incorrect diagnoses to unsanitary hospital procedures causing infections.

In fact, the VA recently sent letters to thousands of veterans advising them that if they had a prostate biopsy in recent years they should be checked for Hepatitis C or AIDS exposure due to unsterile conditions.

Last month, a New York state judge allowed nine veterans to sue the US government for medical malpractice after they were misdiagnosed by VA doctors. Lawyers for the veterans argued that the doctors failed to give proper medical treatment, failed to properly diagnose the veterans' conditions, and were negligent in their care and treatment of the veterans.

Over the past three years, VA hospitals have been under increasing scrutiny due to low-quality health care. Problems at VA hospitals include a higher death rate for heart patients than at non-VA hospitals, not meeting safety or environmental standards, falsely reporting equipment checks, lack of life-saving equipment, and unlocked medication rooms.

Veterans who have dealt with VA hospitals complain that they have been misdiagnosed and have been left paying for medical bills that should have been covered by the VA. One veteran complained that both he and his father were misdiagnosed at the same VA hospital.

Veterans have the right to proper health care at VA hospitals. If you have suffered medical malpractice at a VA hospital, you are entitled to sue the US government. However, the statute of limitations in veteran medical malpractice cases is generally two years, depending on what state you are in. You must also comply with the Federal Tort Claims Act or your medical malpractice claim will be dismissed.