VA Malpractice Attorneys 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 are dedicated to providing competent care, when medical negligence happens, the consequences can be life-changing 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 in VA hospitals and medical facilities. Our medical malpractice attorneys, led by Paul M. da Costa, has helped victims and their families in New Jersey recover substantial settlements and verdicts, including a $1 million settlement in a wrongful death case on behalf of an Army veteran.

What Is Medical Malpractice?

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

Our VA malpractice lawyers have successfully handled all types of cases involving medical negligence. 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 provides veterans and others with a legal path to seek compensation for medical malpractice and other injuries involving federal employees or agencies.

Unlike typical medical malpractice cases handled through state courts, FTCA claims must be filed according to a strict federal process involving various administrative requirements and deadlines. This process can be daunting, especially when you’re injured and trying to focus on your recovery. Our experienced medical malpractice lawyers handle all aspects of your case and guide you through the process every step of the way.

Our VA Malpractice Lawyers Help You Navigate the FTCA Process

To pursue compensation, injured veterans or families who have 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 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 a lawsuit in federal court.

You have only six months from the date of denial to file, so it’s important to 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 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 fight for your rights in court if necessary.

Paul is a member of the American Board of Trial Advocates and a fellow of the Litigation Counsel of America, which are both invitation-only membership trial attorney associations. Paul and his team have been recognized by The Best Lawyers in America® as a Tier 1 Medical Malpractice – Plaintiffs law firm in New Jersey for 2022 and 2024. The National Law Journal selected Paul M. da Costa and his team as recipients of its prestigious 2022 Elite Trial Lawyers Awards in the medical malpractice category. 

Sarno da Costa D’Aniello Maceri Webb LLC was selected by their peers for inclusion in the Best Lawyers® 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 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 VA malpractice attorneys believe that those who serve our country deserve respect, compassion, and the best medical care possible. If you or a loved one has suffered a medical injury at the hands of the VA, we can help. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.

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, wage loss, and future injury-related expenses. 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 knows how to ensure your overall compensation is maximized.

What If My Loved One Died Due to VA Malpractice?

If your loved one was a victim of medical negligence at the VA, you may be able to file a wrongful death claim under the FTCA. Our VA malpractice lawyers can evaluate your case and determine whether this type of claim is a possibility.

How Much Does a VA Malpractice Attorney Cost?

Our VA malpractice lawyers work on a contingency fee basis. This means you won’t incur any upfront costs, and we get paid only if we win your case.  

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