Veterans Affairs Medical Malpractice Lawyer Near You in New Jersey

Female service member showing a doctor an injury on her arm

Veterans place their trust in the Department of Veterans Affairs (VA) health system for essential medical services. Although many VA healthcare providers in the VA system are dedicated to providing competent care, negligent medical care at a VA facility can have life-changing consequences for veterans and their families.

At Sarno da Costa D’Aniello Maceri Webb LLC our VA malpractice lawyers have successfully represented veterans who have been victims of substandard healthcare. Our medical malpractice attorneys, led by Paul M. da Costa, handle claims involving VA hospital errors and VA medical negligence, and have helped victims and their families in New Jersey recover substantial settlements and verdicts.

What Is Medical Malpractice?

When a healthcare provider fails to meet the standard of care and a medical error results in the injury or death of a patient, it may be considered medical malpractice. Some examples of VA medical malpractice that can cause serious injury or death include:

Our VA malpractice lawyers have successfully handled all types of cases involving medical negligence, representing veterans and service members in these claims. You can count on Paul and his team to provide caring, tenacious legal representation you can trust.

The Federal Tort Claims Act (FTCA) & VA Malpractice Cases

The Federal Tort Claims Act (FTCA) is a federal law that allows veterans and others to seek compensation from the united states government for injuries caused by federal employees or agencies, including medical malpractice.

Unlike typical medical malpractice cases handled through state courts, FTCA claims must follow a strict federal process that begins with an administrative claim before a case can proceed further. This process can be daunting, especially when you’re injured and trying to focus on your recovery. Our experienced medical malpractice lawyers help clients file claims and prepare for later legal action if needed, while guiding them through every step of the process.

Our VA Malpractice Lawyers Help You Navigate the FTCA Process

To pursue compensation, injured veterans or a family member who has lost a loved one due to medical malpractice at the VA must follow a specific process under the FTCA.

First, you must file a Standard Form 95 with the VA’s Office of General Counsel. This filing is the administrative claim required under the FTCA. This form must be filed within two years of the date the injury occurred or was discovered. Your VA malpractice lawyer can assist you with Form 95 and ensure all relevant information about your condition and the damages you’re seeking is included.

The VA has six months to respond to your claim. They may deny the claim, offer a settlement, or simply fail to respond. If the VA considers settling, your VA malpractice attorney can negotiate on your behalf and fight to help you recover the full amount of compensation you need and deserve. If your claim is denied, our medical malpractice lawyers can help you file suit in federal court.

You have only six months from the date of denial to file, so it’s important to act in a timely manner and contact a lawyer as soon as possible. Paul and other members of our team have extensive experience successfully litigating medical malpractice claims at both the state and federal levels.

Why Choose Our VA Malpractice Lawyers in New Jersey?

Filing a claim against the government on your own is challenging and stressful. Our VA malpractice attorneys understand the unique legal considerations and processes involved, such as FTCA-specific deadlines and procedures, rules involving military families and dependents, and how to prove liability against the federal government. We thoroughly investigate your claim by reviewing records with medical experts to determine exactly what caused your injury so we can achieve the best possible outcome for your case.

Paul and members of his team are highly experienced Certified Civil Trial Attorneys who know how to challenge denied claims, negotiate on your behalf, and, backed by a strong track record, fight for your rights in court if necessary.

selected Paul M. da Costa and his team as recipients of its prestigious

® Best Law Firms Regional Tier 1 – New Jersey, in the areas of:

We know that dealing with an injury or loss caused by medical negligence can have a significant impact on your quality of life. Our VA malpractice lawyers are here to ease your burden and pursue fair compensation, including full and fair compensation, so you and your family can heal and move on.

Contact a VA Medical Malpractice Lawyer Near You in New Jersey

At Sarno da Costa D’Aniello Maceri Webb LLC, our law firm believes veterans deserve respect, compassion, and the best medical care possible. If you or a loved one has suffered harm because of negligent medical care at the hands of the VA, we can help. We offer a free initial consultation and free case evaluation. 973-609-5251 today. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ. Se Habla Español.

Frequently Asked Questions About VA Malpractice

Can I File a Medical Malpractice Lawsuit Right Away?

No. To bring a claim against the VA, you must first file Standard Form 95. You may file a medical malpractice lawsuit in federal court if the VA denies your claim or fails to respond within six months.

How Much Compensation Can I Receive?

There is no cap on the damages you may receive in a medical malpractice case. However, the amount of your settlement or award will depend on the severity of your injury, how it has impacted your life, and the cost of medical bills, lost wages, future injury-related expenses, and other financial compensation available under your claim. Our VA malpractice lawyers work closely with medical and financial experts to accurately value your claim.

Can I Still Receive VA Benefits If I Sue?

Yes. Filing a medical malpractice claim will not impact your VA compensation or health benefits. However, if you receive a settlement or verdict it can affect certain VA payments like disability benefits. Each situation is unique. Your VA malpractice attorney must coordinate a medical malpractice settlement with VA disability compensation to maximize your overall recovery.

What If My Loved One Died Due to VA Malpractice?

If your loved one was a victim of VA medical malpractice or veterans medical malpractice, you may be able to file a wrongful death claim under the FTCA. Our VA medical malpractice attorneys and other medical professionals can review your case and determine whether this type of claim is a possibility.

How Much Does a VA Malpractice Attorney Cost?

Our attorney fees are based on a contingency fee basis, and we work with medical experts and, when needed, a licensed physician when evaluating cases. This means you won’t incur any upfront costs, and we get paid only if we win your case. Contacting the firm does not create an attorney-client relationship.

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