FTCA Birth Injury Lawyer For Military and VA Medical Malpractice
Federal Torts Claim Act (FTCA) birth injury lawyer Jason Coomer helps families in seeking justice for injuries or losses caused by military and Veterans Affairs (VA) medical malpractice. Birth injuries, and medical malpractice at VA and military hospitals can have lasting, life-altering consequences for children and their families. Conditions such as hypoxic-ischemic encephalopathy (HIE), cerebral palsy, Erb’s palsy, brachial plexus injuries, and infant brain damage often require lifelong medical care, therapy, and specialized support.
Experienced Federal Tort Claims Act (FTCA) lawyer, Jason Coomer, represents families pursuing FTCA medical malpractice claims against government hospitals. Coomer helps families hold the United States government accountable when medical negligence in federal hospitals causes serious harm or wrongful death. If your child has suffered a birth injury at a VA or military hospital, contact FTCA attorney Jason S. Coomer for a free case review. Call 866-474-1477 (toll-free) or email today to begin reviewing your FTCA malpractice claim.
Common Birth Injuries from Military or VA Hospital Negligence
Some of the most common birth injuries linked to negligence in military or VA hospitals include Cerebral Palsy, Erb’s Palsy, and Brachial Plexus injuries. Cerebral Palsy often results from oxygen deprivation or trauma during delivery and can affect a child’s movement, posture, and muscle control. Erb’s Palsy occurs when the nerves in the upper arm are damaged during birth, often due to excessive pulling or shoulder dystocia. Lastly, Brachial Plexus injuries involve damage to the nerves that control the arms and hands and can lead to partial or complete loss of function.
Children suffering from these conditions may require lifelong medical care, therapy, and rehabilitation. Filing a birth injury lawsuit with an experienced Cerebral Palsy, Erb’s Palsy, and Brachial Plexus lawyer can help families access long-term resources to cover these needs.
Understanding Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-Ischemic Encephalopathy (HIE) occurs when a baby’s brain is deprived of oxygen during labor or delivery. Even a few minutes without oxygen can cause permanent brain damage. Children may develop developmental delays, motor function impairments, epilepsy, seizure disorders, learning disabilities, and cerebral palsy.
Causes of HIE in VA and Military Hospitals often involve preventable medical mistakes, including failing to monitor fetal distress, delaying emergency interventions, allowing prolonged or obstructed labor, not performing a timely C-section, or ignoring umbilical cord complications.
FTCA childbirth negligence is a type of professional malpractice. When medical providers fail to act, the consequences can be life-changing. Children affected by HIE often require ongoing medical care, therapy, and specialized support to help manage developmental and physical challenges. HIE can also have a profound emotional impact on families, affecting their daily lives and long-term planning.
How to File an FTCA Birth Injury Claim
Filing a claim against a VA or military hospital requires a federal process. Families must first submit an administrative claim to the appropriate agency, typically the U.S. Department of Veteran Affairs or the Department of Defense, within two years of the injury.
An experienced FTCA birth injury lawyer can file a tort claim against the United States for a VA employee’s negligent or wrongful actions. While Standard Form 95, Claim for Damage, Injury, or Death is commonly used, you can submit any claim that clearly states the allegation, specifies the total damages, and includes the claimant’s signature. The Agency must receive the claim within two years of the incident.
Steps to File a Claim Under the FTCA
- Confirm the harm was caused by a federal employee while on the job.
- Show that the employee’s negligence or wrongful act directly caused the injury or property damage.
- Collect and submit documents that support your claim.
- File an administrative claim with the correct government office before taking any legal action.
The agency has up to six months to review the claim and may approve a settlement or deny it. If the claim is denied, families can file a lawsuit in federal court. An experienced FTCA attorney for government hospital negligence can guide families through every step and improve the chances of securing fair compensation.
Important FTCA Rules Families Should Know
The Federal Tort Claims Act (FTCA) is a law that allows people to hold the U.S. government responsible when federal employees cause harm through negligence while doing their jobs. Instead of suing the individual worker, the claim is filed against the United States itself, which covers any damages just as a private person or business would in a similar situation.
Further, FTCA cases are different from state malpractice lawsuits. Families should be aware that:
- Cases are decided by a federal judge, not a jury.
- Some damages may be limited under state law.
- Missing deadlines can prevent recovery.
- FTCA is often the only way to bring a malpractice claim against VA or military hospitals.
Because these rules are complex and unforgiving, families should contact an experienced FTCA malpractice lawyer as soon as they suspect negligence.
Is Compensation Available in FTCA Birth Injury Cases?
Successful FTCA claims can provide essential financial support for HIE, brain damage, cerebral palsy, and other birth injuries, including past and future medical expenses, long-term rehabilitation, assistive devices, home modifications, pain and suffering, and loss of earning capacity. Wrongful death damages may also be pursued in tragic cases.
These resources ensure children receive the care they need while providing financial stability for their families. Families depend on government hospitals for pregnancy and childbirth care. When medical staff make mistakes, the consequences can be catastrophic. FTCA medical malpractice attorney, Jason Coomer, helps families pursue VA medical malpractice lawsuits, military doctor negligence claims, and federal hospital malpractice claims to hold healthcare providers accountable and secure financial relief.
Frequently Asked Questions About FTCA Birth Injury Claims by VA and Military Medical Malpractice Lawyer Jason Coomer:
Question #1:Can I sue the VA or a military hospital for medical malpractice?
Answer #1:Yes, you can sue the VA or a military hospital for medical malpractice. Under the Federal Tort Claims Act, families may file claims for VA hospital malpractice, military hospital medical negligence, or negligence in federal hospitals. These claims follow specific federal rules and must be filed within strict deadlines.
Question #2:What types of birth injuries are common in FTCA malpractice cases?
Answer #2:The most common injuries include hypoxic-ischemic encephalopathy (HIE), cerebral palsy from birth injury, Erb’s palsy, brachial plexus injuries, and infant brain damage. These injuries often result from errors such as failing to monitor fetal distress or delayed responses during labor and delivery.
Question #3:How long do I have to file a FTCA claim?
Answer #3:Families generally must submit an administrative FTCA claim within two years of the injury. Time limits may vary depending on the circumstances, so acting quickly is essential to preserve your rights.
Question #4:What makes FTCA cases different from other malpractice lawsuits?
Answer #4:FTCA claims involve suing the federal government, which requires filing an administrative claim before pursuing a federal lawsuit. Special rules apply, including strict deadlines, notice requirements, and limitations on how the lawsuit can proceed. FTCA cases do not involve a jury trial.
Question #5:How can an FTCA lawyer help my family?
Answer #5:An experienced FTCA medical malpractice attorney can investigate the malpractice, gather evidence, file the administrative claim, negotiate with the government, and, if necessary, pursue the case in federal court. Legal guidance increases the likelihood of obtaining fair compensation for injuries, including brain damage, HIE, and other birth trauma.
Contact FTCA Birth Injury Lawyer Jason Coomer
Jason Coomer, an experienced FTCA medical malpractice lawyer, understands how overwhelming life can feel after a birth injury caused by VA or military hospital negligence. With compassion and dedication, he guides families through the legal process and works to obtain the care and resources their children will need in the years ahead.
The Law Offices of Jason S. Coomer helps families pursue HIE lawsuits, cerebral palsy claims, and compensation for infant birth injuries. If your child suffered a birth injury at a VA or military hospital, contact the FTCA birth injury lawyer today for a free case evaluation. Call 866-474-1477 (toll-free) or email today to begin reviewing your FTCA malpractice claim.
