Can I sue V.A. hospital for malpractice

In my opinion you should consult an experienced local medical malpractice attorney. They will most likely want to have your husbands medical records reviewed by an expert to determine if there is sufficient evidence to proceed in a case. I hope my answer helps.

If you were injured due to VA hospital malpractice by a doctor or any medical personnel at a VA hospital, a veterans' lawyer can sue the US government under a federal law called the Federal Torts Claims Act , but you still need an expert to review the medical records to ascertain whether there was a breach of the standard of care.

The VA can be sued but you must first fill-out a Standard Form 95 (download from internet) and send it to the facility administrator. The government then enjoys a period while they investigate and possible offer a settlement. If they reject your claim, you then have 6 months to file a lawsuit in federal court against the USA. My strong recommendation is that you not do this alone without legal assistance. Too many potholes. You'll end up hurting yourself badly. Let me address the medicine. Some medical complications can happen even when the doctor does everything right. For example, a surgeon can always nick a bowel when performing a hysterectomy. This can occur in the absence of negligent surgical technique. I believe this "known complication" theory applies to your case. It is relatively common for a colon to become nicked or perforated during a colonoscopy. It's the #1 risk that exists for the procedure. Therefore, I do not believe you'd be able to prove that the colon injury resulted for poor technique as the exact same outcome can occur under the best of circumstances.

In addition to pursuing a lawsuit under the FTCA, you can file a claim under 38 USC § 1151 (benefits for additional disability or death caused by VA medical care). Essentially, § 1151 claims are similar to VA disability compensation claims (such as PTSD) but to prove a § 1151 claim, a veteran or claimant must demonstrate that the veteran’s death or disability was caused by negligent VA medical care.