We are Atlanta VA malpractice lawyers.

Atlanta VA Medical Malpractice: Understanding Negligence in a VA Hospital

Have you or a loved one experienced medical negligence at an Atlanta VA hospital? You’re not alone. Our experienced Atlanta medical malpractice attorneys at Davis Adams specialize in helping veterans and their families seek justice and compensation for harm caused by medical errors in VA facilities.

Medical malpractice at an Atlanta VA hospital can occur in many ways.

Medical malpractice occurs when a healthcare provider’s negligence harms a patient. In the context of VA hospitals, this can include:

• Misdiagnosis or delayed diagnosis: Failure to identify or promptly diagnose a medical condition, leading to delayed treatment and worsening health.
• Surgical errors: Mistakes made during surgery, such as operating on the wrong site, leaving instruments inside the body, or causing nerve damage.
• Medication errors: Prescribing the wrong medication, incorrect dosage, or failing to consider drug interactions.
• Anesthesia errors: Errors in administering anesthesia resulting in complications like allergic reactions or brain damage.

Why choose our Atlanta VA medical malpractice lawyers?

• Veterans’ advocates: We are dedicated to fighting for the rights of veterans injured due to medical negligence.
• Extensive experience: Our attorneys have a proven track record of success in handling complex VA medical malpractice cases.
• Compassionate representation: We understand the physical, emotional, and financial toll that medical malpractice can take on veterans and their families. We provide compassionate and personalized legal support throughout the process.
• No fees unless we win: We work on a contingency fee basis, meaning you don’t pay any attorney fees unless we secure compensation for you.

Our experienced VA malpractice lawyers are ready to help.

Our Atlanta VA medical malpractice lawyers will:

1. Thoroughly investigate your case: We will gather all relevant medical records, consult with leading medical experts, and, if possible, build a strong case based on the facts.
2. File a claim under the Federal Tort Claims Act (FTCA): We will navigate the complex legal process of filing a claim against the VA.
3. Negotiate with the VA for a fair settlement: We will fight for the maximum compensation you deserve, including medical expenses, lost wages, pain and suffering, and other damages.
4. Take your case to trial if necessary: If a fair settlement cannot be reached, we are prepared to take your case to trial and advocate for you in court.

Don’t let your VA malpractice questions go unanswered.

If you or a loved one has suffered harm due to medical malpractice at a VA hospital in Atlanta or elsewhere in Georgia and you have questions, please get in touch with Davis Adams today for a free consultation. We will review your case, answer your questions, and explain your legal options.

We serve veterans throughout Georgia, including:

• Atlanta
• Augusta
• Columbus
• Macon
• Savannah

Atlanta VA Medical Malpractice: Understanding Why You Need an Experienced VA Attorney

Have you or a loved one suffered harm due to medical negligence at a VA hospital in Atlanta? Seeking compensation for your injuries can be a complex and daunting process, especially when dealing with the federal government. Understanding why an experienced VA medical malpractice attorney is essential to navigate the unique challenges of these cases effectively.

VA medical malpractice cases are highly complex.

VA medical malpractice cases differ significantly from typical personal injury claims like car accidents. They involve navigating a distinct legal framework, specific procedural requirements, and intricacies within the VA healthcare system.

1. Federal Tort Claims Act (FTCA): Unlike personal injury claims filed under state law, VA medical malpractice cases fall under the jurisdiction of the FTCA. This federal law imposes strict deadlines and specific procedures that must be adhered to, and failure to comply can result in your case being dismissed.
2. Administrative claim requirement: Before filing a lawsuit against the VA, you must first submit an administrative claim to the Department of Veterans Affairs. This claim serves as notice to the VA of your intent to seek compensation. A specialized VA medical malpractice attorney knows how to properly prepare and submit this claim to maximize your chances of a successful outcome.
3. Complex medical evidence: VA medical malpractice cases often involve complex medical issues that require expert analysis. A specialized attorney has access to a network of medical professionals who can assess your case, provide expert testimony, and establish a causal link between medical negligence and your injuries.
4. Government representation: The VA is typically represented by experienced government attorneys who defend medical malpractice claims. A specialized attorney can level the playing field, ensuring that your rights are protected and that you receive fair compensation for your losses.
5. Unique VA procedures: The VA has specific procedures for handling medical malpractice claims. A specialized attorney understands these procedures and can guide you through the process, ensuring compliance with all requirements and maximizing your chances of a successful outcome.

A general personal injury attorney is not enough. 

While personal injury lawyers are skilled in handling many accident and injury claims, they probably don’t have the knowledge and experience required for VA medical malpractice cases. For example, they may not be familiar with the FTCA, the administrative claim process, or the intricacies of VA healthcare procedures. This lack of expertise could damage your case and result in a bad outcome.

Choosing the right Atlanta VA malpractice lawyer makes all the difference.

When selecting an attorney to handle your VA medical malpractice case, look for the following qualities:

• Experience: Choose an attorney with a proven track record of successfully handling VA medical malpractice cases.
• Expertise: Ensure the attorney has in-depth knowledge of the FTCA, VA procedures, and relevant medical issues.
• Resources: Look for an attorney with access to leading medical experts who can evaluate your case and provide expert testimony.
• Compassion: Choose an attorney who understands the unique challenges veterans and their families face and will provide compassionate and personalized legal support.

When it comes to VA malpractice, don’t settle for less than you deserve.

If you or a loved one has suffered harm due to medical negligence at a VA hospital in Atlanta, don’t settle for a general personal injury lawyer. Contact a specialized VA medical malpractice attorney at Davis Adams today. We have the experience, expertise, and resources to help you navigate the complexities of your case and fight for the compensation you deserve.

Atlanta VA Medical Malpractice: Understanding Attorney Fees Under the Federal Tort Claims Act

If you’re considering legal action against the VA for medical malpractice in Atlanta, it’s crucial to understand the legal framework that governs these claims, including the limitations on attorney fees imposed by the Federal Tort Claims Act (FTCA).

The FTCA is a federal law that allows individuals to sue the U.S. government for injuries caused by the negligence of its employees, including VA healthcare providers. However, the FTCA imposes specific regulations on attorney fees to prevent excessive charges and protect claimants.

Attorney fees for VA medical cases are set by federal law.

Under the FTCA, attorney fees in VA medical malpractice cases are capped at:

• 20% of any administrative settlement: If your claim is resolved through an administrative settlement with the VA before a lawsuit is filed, your attorney can only charge up to 20% of the settlement amount.
• 25% of any judgment or settlement after a lawsuit is filed: If your case proceeds to litigation and is resolved through a judgment or settlement, your attorney can charge up to 25% of the total award.

The fee limitation for Atlanta VA malpractice cases is designed to protect veterans.

These fee limitations ensure that veterans and their families receive a fair share of any compensation awarded. They also prevent bad attorneys from taking advantage of vulnerable veterans. While it’s a shame such a law is required, we’re glad it’s in place to protect those who have served.

How are attorney fees for VA malpractice cases in Georgia calculated?

Attorney fees are calculated based on a percentage of the total recovery, including any damages awarded for medical expenses, lost wages, pain and suffering, and other losses. The fee is deducted from the settlement or judgment amount before it is disbursed to the client.

All cases involved reimbursable expenses in addition to the fee.

In addition to the attorney fee, other costs may be associated with your VA medical malpractice case, such as court filing fees, expert witness fees, and medical record retrieval costs. These costs are paid out of the settlement or judgment proceeds.

At Davis Adams, we provide a complete statement showing such expenses and answer any client questions.

Exceptions to the fee limitation can happen but are rare.

A court may approve attorney fees exceeding the statutory limits in certain circumstances. This typically occurs in complex cases that require extensive litigation or involve extraordinary circumstances. However, such exceptions are rare and require compelling justification.

Atlanta VA Medical Malpractice: Understanding Who Can File a VA Malpractice Claim

If you or a loved one have suffered harm due to medical negligence at a VA hospital in Atlanta, you may be wondering who is eligible to file a lawsuit. This comprehensive guide will shed light on who can seek legal recourse under the Federal Tort Claims Act (FTCA) and how an experienced Atlanta VA medical malpractice lawyer can assist you.

Who can file a lawsuit against the VA for medical malpractice?

Under the FTCA, several parties can potentially file a medical malpractice lawsuit against the VA:

• Veterans: Veterans who have received negligent medical care at a VA facility and suffered harm as a result are the primary individuals eligible to file a claim.
• Spouses of veterans: If a veteran’s spouse has suffered harm due to the VA’s medical negligence, such as loss of consortium or wrongful death, they may also be eligible to file a claim.
• Children of veterans: In cases where a veteran’s child has been harmed due to medical negligence during prenatal care or childbirth at a VA facility, they may have the right to file a lawsuit.
• Parents of veterans: If a veteran’s parent is dependent on them for support and has suffered financial harm due to the veteran’s injuries caused by VA medical negligence, they may be able to file a claim.
• Executors or administrators of estates: In the unfortunate event of a veteran’s death due to VA medical malpractice, the executor or administrator of the estate may file a wrongful death lawsuit on behalf of the deceased’s beneficiaries.

You should consider several factors before filing a VA malpractice lawsuit.

Before filing a lawsuit, it’s crucial to consider the following factors:

• Statute of limitations: The FTCA imposes a two-year statute of limitations for filing a claim. This means you must file your claim within two years of the date you discovered or should have discovered the injury caused by the VA’s negligence.
• Administrative claim: Before filing a lawsuit, you must submit an administrative claim to the VA. This claim serves as notice to the VA of your intent to seek compensation. An experienced Atlanta VA medical malpractice lawyer at Davis Adams can guide you through this process.
• Standard of proof: To succeed in a VA medical malpractice lawsuit, you must prove that the VA healthcare provider breached the standard of care owed to you and that this breach directly caused your injuries.
• Damages: You may be entitled to compensation for various damages, including medical expenses, lost wages, pain and suffering, and other losses.

You’ll want an experienced Atlanta VA malpractice lawyer by your side.

Navigating the complex legal landscape of VA medical malpractice claims can be challenging. An experienced Atlanta VA medical malpractice lawyer can:

• Assess your case: We will evaluate the merits of your claim, gather evidence, and determine the best course of action.
• File your administrative claim: We will ensure your claim is properly prepared and submitted to the VA within the statute of limitations.
• Negotiate with the VA: We will negotiate with the VA on your behalf to seek a fair settlement.
• Litigate your case: If a settlement cannot be reached, we will represent you in court and fight for the compensation you deserve.

Atlanta VA Medical Malpractice: Understanding the Potential Value of Your Claim

We’d encourage you to run — don’t walk — away from any lawyer who tells you what your VA medical malpractice case is “worth” before doing the work necessary to answer that question honestly.

Before any lawyer can begin to value your VA negligence case, they must do at least the following things:

• Engage you as a client
• Meet with you to hear and understand the story of what happened
• Order and analyze your medical records
• Hire expert witnesses to understand potential claims better
• Determine the venue for your case (the court in which the lawsuit would be filed)

Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.

Atlanta VA Medical Malpractice: Understanding Whether Davis Adams is the Right Fit for Your VA Case

Our law firm is small by design and highly specialized. We’re selective in the cases we take. We typically limited our caseload to about 10 cases in active litigation. Most years, we get about 1,700 inquiries from prospective clients seeking our services.

We want to help every deserving veteran with their VA medical malpractice victims, but we’re not willing to sacrifice the quality of our work by stretching ourselves too thin. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel we can make the most significant impact for our clients.

Atlanta VA Medical Malpractice: Understanding Whether Your VA Malpractice Case May Go to Trial

Most Georgia medical malpractice cases involving VA negligence are resolved through settlements before reaching trial.

But it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will go before a jury. Consequently, our medical malpractice lawyers litigate every case, focusing on trial preparation.

This approach strengthens our client’s position during pre-trial settlement negotiations and ensures that we are fully prepared to present our case to a jury if the case can’t be settled before trial.

Atlanta VA Medical Malpractice: Understanding Options for Clients Outside of Georgia

Yes, we routinely take complex VA malpractice cases nationwide that require our advanced expertise.

So far, we’ve helped medical malpractice victims in 46 states.

Why You Should Choose to Hire Davis Adams

Our marketing people tell us this should be the first FAQ, not the last. We disagree.

You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your VA malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.

Why do we think we’re better?

1. First, we’re laser-focused on helping medical malpractice victims in serious cases. It’s all we do. That’s a commitment we’ve made. By contrast, most other lawyers primarily work on matters other than medical malpractice—car and truck wrecks, etc.
2. Second, we know Georgia; it’s home for us and always has been. Over nearly two decades, we’ve earned our good reputations among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators. Our deep local knowledge and long-standing relationships are essential to getting the best results for our clients.
3. We’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website.

We’d be honored to represent you.

You can see what our clients say about us on our Client Reviews page. The people who hired and trusted us in their time of greatest need are glad they did, and we’d be grateful for the opportunity to be your advocate.