When VA medical providers commit malpractice and seriously injure a Veteran, Section 1151 provides benefits to compensate the Veteran. There are two theories that may be asserted.
The first theory is classic “malpractice,” i.e., the VA medical provider failed to meet the expected standard of care. The second theory is less well known and often overlooked– that the VA failed to obtain the Veteran’s informed consent prior to the procedure. VA records often demonstrate that the physician either did not explain/document the specific risks of a procedure, nor explain/document the potential alternatives to a procedure. If you’ve been harmed by negligent VA medical care, our office can assist you in determining your options for VA service connection, and ensuring you submit all necessary medical evidence and supportive submissions. Call (504) 235-4075 to discuss with our office.