South Carolina Medical Malpractice Attorneys Advocate for Veterans’ Rights
Skilled representation for veterans and their families in Anderson, Rock Hill, Columbia, Sumter, and Georgetown
Military personnel risk life and limb to defend the principles of this country and its citizens. When their valiant service comes to an end, they rely on Veterans Affairs (VA) to properly treat their resulting injuries and conditions. They expect VA to provide them with the same level of service that they gave to their country for the assurance that each and every veteran is afforded adequate medical care. Unfortunately, the VA does not always rise to these standards, with misdiagnoses, improper treatment, or surgical errors.
The attorneys of McGowan, Hood & Felder, LLC, take these cases very seriously. VA medical errors can cause lifelong medical, emotional, and financial problems. Allow an experienced South Carolina veterans’ injury lawyer to assist you in seeking a financial recovery.
Experienced representation in government liability cases
In 1946, Congress enacted the Federal Tort Claims Act (FTCA), which allows individuals to sue the United States government for its employees’ negligence. Prior to this time, a legal doctrine called “sovereign immunity” prevented such lawsuits against government agencies and employees. The FTCA provides a limited waiver of sovereign immunity by the United States and allows private individuals to sue for torts (civil wrongs) committed against them by government employees in the course of their work. This law proved extremely important for veterans and their families who are now able to sue the VA for medical errors in treatment.
The majority of FTCA cases handled by our firm involve medical malpractice claims against military or veterans’ hospitals. These cases involve very specific procedural and evidentiary rules that may jeopardize your award if not followed properly. The FTCA spells them out in detail, even mandating which government forms are to be used and the determination of compensation. From a procedural standpoint, FTCA parties must participate in a settlement conference to attempt a mutual agreement. If one is not reached, the case proceeds to trial in federal court. It is vitally important that you secure guidance from an experienced South Carolina medical malpractice attorney who is knowledgeable in the correct pursuit of a federal tort claim and able to properly present your case to a federal judge if it progresses to that stage.
Handling a variety of VA medical errors
The risk of military service results in a number of common injuries and conditions among veterans. Left inadequately treated, even the mildest condition may develop into a serious injury with life-changing consequences. While others are more common among soldiers of recent conflicts, it is important not to forget the challenges that older veterans face as well. Soldiers from the Korean and Vietnam wars faced shockingly inadequate levels of care, leaving them with complications that they will live with for the rest of their lives.
Some of the most common injuries faced by veterans include:
- Traumatic brain injuries. The force of a nearby explosion can cause severe injury to the brain. Resulting symptoms range from prolonged headaches and mood changes to loss of consciousness or a long-term decrease in motor skills. TBIs are serious conditions that continuously worsen without proper treatment, leading to early onset of degenerative diseases and, in some instances, premature death.
- Spinal cord injuries. When an injury interferes with the communication of information between the brain and nerves within a body, a spinal cord injury is likely the cause. Veterans with this condition often deal with partial paralysis in some part of their body. These soldiers require long-term care and rehabilitation that is not always made available by the VA.
- Hearing and vision loss. Many veterans experience hearing and vision loss from the dangers of battle. Constant ringing in the ear is a common complaint, as is blurred vision or loss of complete vision caused by infection. These conditions require specialized medical services that the VA may be negligent in not providing.
Our veterans deserve to have the best possible medical care. If you or a loved one is a veteran who has been mistreated by the VA, our South Carolina personal injury lawyers are prepared to help you.
Contact our South Carolina veterans’ rights attorneys today
The dedicated South Carolina medical malpractice attorneys of McGowan, Hood & Felder, LLC have years of experience litigating the most challenging of cases. We are ready and able to provide veterans and their families with the skill and commitment that their claim deserves. Call 803-327-7800 or fill out the contact form to make an appointment for a free case evaluation at one of our offices conveniently located in Rock Hill, Anderson, Sumter, Georgetown, and Columbia.