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VA Hospital Liability

VA Hospital Liability

You Served. You Shouldn’t Have to Pay With an Injury.

Although Veterans Administration hospitals are operated under federal guidelines, they are often among the most poorly run health care facilities in New York. Every year, hundreds of our nation’s veterans, who should be receiving the best of care, suffer injuries caused by insufficient hygiene, improper treatment and medical errors. Filing a claim against a federal administration involves a different set of legal procedures and requires experience with the Federal Tort Claims Act.

Your Loved One Deserves to Be Treated Right. We Fight on Their Behalf.

For decades, the law offices of E. Stewart Jones Hacker Murphy, has been the litigation firm families turn to for help when their loved ones are being injured in a VA hospital in the Capital Region and throughout central New York. Senior partner James E. Hacker has earned recognition as a preeminent injury attorney and is a member of the National Order of Barristers. He is past president of the Capital District Trial Lawyers Association.

Our team of personal injury trial attorneys offers more than 125 combined years of litigation experience handling malpractice cases. We handle claims against all VA hospitals throughout New York, including those against the Stratton VA in Albany and the Buffalo Veteran’s hospital.

There is a two-year time limit to file a claim against the VA.

To meet the two-year deadline an administrative claim “Form 95” must be properly completed, signed and served on the appropriate representative of the U.S. Department of Veteran’s Affairs. If the filed claim is ignored or denied, the injured vet can commence a lawsuit in Federal Court against the government for damages. Under the Federal Tort Claims Act, the case is decided by a judge, not a jury. We have a successful track record of resolving nearly all of our VA malpractice cases before trial.

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Have Questions?

We Have Answers!
  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.