2006-07-21 16:10:42 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Nope.
There's a reason most people don't have major surgeries in a veteran's hospital.
2006-07-21 16:12:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I would say off hand without researching it, yes you can. There is a thing called the Federal Tort Claims Act which provides a limited waiver of the federal government's sovereign immunity when its employees are negligent within the scope of their employment. Under the FTCA, the government can only be sued 'under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.' 28 U.S.C. S 1346(b).
What you are suggesting is medical malpractice which would fall under the act.
So, if the VA Hospital was negligent, my guess is you might have a case, but you have not said what has to be re-done and some kinds of surgery may not have been negligently performed just because it has to be done again....
Lawyer here.
2006-07-21 23:18:56 · answer #2 · answered by William E 5 · 0⤊ 0⤋
Every case is different. You really need to consult a licensed attourney. If you can show negligence, you probably would have a case. If not, or if the VA hospital can show that you were adequately informed of the risks, you're up the famous creek without a paddle.
I've worked in hospitals all my life, to the point of being house supervisor. You will have a hard time showing you were not adequately informed of the risks, including the risk that the surgery might not produce the hoped-for results. That's the basis of "informed consent", and ain't no hospital can afford NOT to make damnwell certain that consent has been obtained.
2006-07-21 23:24:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It depends on many factors. Some are:
-Are you a Veteran- and was the surgery for a service connected claim.
- Did you request the surgery
- Did you sign a waver
- How long has it been? (have you re-injured, or agravatted with time)
*** your best bet is to contact a local American Legion Office. Those folks keep up-to-date info on all sorts of matters relating to the DVA
2006-07-21 23:13:41 · answer #4 · answered by qt2sh 3 · 0⤊ 0⤋
Every surgery has risk factors. If it wasn't the md's fault or the nursing staff's fault then u have no case. Get your medical record from the first surgery and take it to a lawyer for advice.
2006-07-21 23:17:00 · answer #5 · answered by angeleyes_7795 1 · 0⤊ 0⤋
You didn't mention the kind of surgery it was. If it was a knee replacement surgery. Revisions are quite common. You have to determine whether your case was malicious malpractice or just human error. If you don't have a good case, you'll just be throwing away your money to legal fees.
2006-07-21 23:13:11 · answer #6 · answered by Shopgirl9337 4 · 0⤊ 0⤋
it depends. if it really truely is malpractice, i don't see why not. if it is something that needed multiple surgeries to be corrected then why would you? i see alot of people respond with that you shouldn't have gone to the VA. don't lose confidence in your VA, mistakes happen no matter where you go. the VA hospitals are just as good as anyother hospital. and actually the VA in sioux falls, sd ranks in the top ten for hospital care. so that isn't bad at all!
2006-07-22 03:00:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No. I have had to have three surgery's on my knee. Sometimes it just doesn't work out. God I hate people like you..... Always looking for a quick buck. Don't you have any respect for yourself?
2006-07-21 23:13:14 · answer #8 · answered by Ricky 5 · 1⤊ 0⤋
You can "sue" whomever you wish to "sue". It's the winning and collecting that is difficult. Good luck.
2006-07-21 23:14:54 · answer #9 · answered by nobody 5 · 0⤊ 0⤋
only if they did something wrong but merely having to redo is not saying anything was done wrong, jsut have to be done again, not nearly enough info to even know about the problem
2006-07-21 23:14:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋