Multiple medical malpractice claims against Philly VA facility

The Veterans Administration Hospital has had multiple medical malpractice claims made against it for botched care involving radiation therapy given for prostate cancer.  The men had received brachytherapy for their cancer.  This involves giving the patient radioactive implants in the prostate gland.  When done properly, it is an effective treatment for cancer.  However, investigation into the facility has shown that there were systemic problems with quality control for the implants, resulting in the veterans receiving ineffective treatment for their cancer.

The VA began notifying veterans of the problems in their care in 2008.  To date, 27 veterans have made medical malpractice claims against the Veterans Administration and are seeking some $58 million in compensation.  However, some 97 veterans were identified as having received improper medical care.

Making a medical malpractice claim against the Veterans Administration is unlike pursuing claims against a private hospital or physician.  Medical malpractice cases against the Veterans Administration must be resolved through the Federal Tort Claims Act, and this process begins by filing a Form 95 Notice of Claim with the VA.  The notice must be filed within two years of the later of when the malpractice occurred or the veteran first learned that he had suffered injuries which were wrongfully caused.

Our office is prosecuting a number of medical malpractice cases against the Veterans Administration facilities, and stand ready to help our veterans.