Medical Malpractice at VA Facilities

Helping veterans in Maine and New England get the compensation they deserve when they are seriously injured due to medical negligence

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Malpractice at VA Facilities

Medical malpractice committed by doctors within the U.S. Department of Veterans Affairs (VA) System is a pressing issue, with the Government paying tens of millions of dollars in settlements and judgments following jury verdicts every year for cases filed against them. This isn’t the care our military veterans deserve.

Federal law requires that medical malpractice cases arising out of care rendered through the VA go through a different process than cases arising out of care rendered outside of the VA.

After having risked and sacrificed so much for all of us, once they have finished their service, veterans entrust their health—and indeed their lives—to the VA.  When the VA breaks that trust, it leaves veterans and their families feeling hurt, frustrated, confused, and in search of answers and options. When our military heroes are seriously injured or killed due to medical malpractice, those responsible need to be held accountable.

Legal Courses of Action for Veterans Who Are Victims of Medical Malpractice

There is common misconception that veterans cannot sue for medical malpractice committed at the VA. When victims believe that they are unable to seek legal action, they don’t fight back, leaving them without compensation for their suffering and the VA unaccountable for the harm its doctors inflict. But veterans can in fact sue the VA for medical malpractice, pursuant to a federal law—the Federal Torts Claims Act. Berman & Simmons has the talent and experience to help you fight for your rights.

Devastating and Life-Changing Harms

When you trust your doctors, you expect them to do their best to make you well. Unfortunately, they don’t always live up to that standard. Some common types of medical malpractice claims the VA is facing include:

  • Surgical error
  • Complications from surgery, including infection
  • Failure to diagnose serious and life-threatening conditions
  • Failure to treat

The committed and compassionate attorneys at Berman & Simmons understand that the harm inflicted by negligent doctors often extends beyond physical harms. Veterans’ lives can be permanently changed for the worse in a variety of ways. Their professional endeavors, activities of daily living, and ability to engage their passions can all be harmed—along with their bodies. The law allows you to seek compensation for all of these harms, and Berman & Simmons knows how to help you do it.

No other firm in Maine can match our resources and expertise

Berman & Simmons is proud to help our veterans get the respect, support, and compensation they deserve. We understand the complex and counterintuitive procedures required for these claims and will advise you on which course of action is best for your case. This is why it is vital that you speak to an attorney before filing your claim.

Attorney Dan Kagan looking at iPad in conference room

The Lawyers Best Suited for Your Recovery

The attorneys of Berman & Simmons have immense respect for our veterans and gratitude for what they have risked and sacrificed for our country. We are dedicated to using our skills and resources to standing up for those who have always stood up for and served others.

We collaborate with the world’s leading and most highly credentialed medical experts to ensure both you and the courts understand your case to the fullest extent and that you get the maximum compensation possible. Our record of success in medical malpractice cases is second to none. With attorneys who combine their legal talent with extensive medical knowledge, Berman & Simmons has received over $1 billion for our clients, including several of the largest medical malpractice verdicts and settlements ever obtained in Maine.

We'll Take Care of the Heavy Lifting

A History of Success

Berman & Simmons has a long record of winning medical malpractice cases involving care at the VA. We recently helped a client reach a $2.75 million settlement after the VA failed to diagnose a bacterial infection in his spine, leaving him paralyzed. We worked with him to get him the compensation he was owed.

Helping You Navigate the VA Claims Process

At Berman & Simmons we want to make sure that you get the best legal services available for your claim against the VA. Our attorneys are committed to answering your questions and providing a free consultation as you consider whether and/or how to pursue a claim. We strongly encourage you to contact us prior to initiating the process and submitting your claim to ensure you have a correct and complete understanding of your options. Call (207)784-3576 to speak with someone on our team today.

A Team Approach for Our Clients

$8.5 Million

Paralysis due to mismanagement of
degenerative spine

$2.5 Million

Catastrophic injuries in a head-on car accident


Wrongful death case involving negligent


Plaintiff Rear Ended by
Telephone Truck

$5 Million

Delay in diagnosis and treatment of cancer

$1.2 Million

Significant Head Injury Car Accident

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  • What do I prepare for the first call or meeting with you?

    For your first meeting with us, simply tell us your story and explain in your own words what happened and how your life has been affected. If you’re meeting with us in person, you can bring notes about what happened to you, driver insurance information, names of any witnesses, photos of the accident damages or injuries, medical records, and other related paperwork if you have it and if it’s applicable, but that information isn’t necessary. Really all you need to do is be yourself, speak with us honestly, and be willing to tackle your problems with us.

    Initial conversations between potential clients and our staff members are often done over the phone. Rest assured that everything we discuss is confidential and protected under law.

  • How much will a lawyer cost me?

    The lawyers at Berman & Simmons work on a contingency basis. That means you pay nothing up front and nothing unless we settle or win your case. We will consult with you, evaluate your situation, and do initial research free of charge. This is true even if we decide you don’t have a valid claim. We will also cover all necessary case expenses and you will not be obligated to reimburse us until and unless we recover monies on your behalf. if we do take your case and win a settlement or a jury verdict in your favor, a percentage of the compensation goes to pay for our costs and the work done by our legal team.

  • How will I know if I have a case?

    To pursue a case, we will need to prove that you suffered a substantial personal injury and the injury was directly caused by the negligence of another party. A bad result alone is not enough to establish negligence. We let you know upfront if we are able to move forward with the legal process, or if we don’t think you have a case. Generally, we will know if you have a case after our first phone call or meeting.

    If we believe you have a valid claim and decide to move forward with litigation, our attorneys and staff will then take it from there and do everything else that needs to be done, including obtaining and reviewing records relevant to your case, such as accident reports and other law enforcement documents, employer records, medical records, and other information.

  • How long will it take to resolve my case?

    Every case is different, and there is no way to predict how long it will take for your case to be resolved. Some cases end in a matter of months, while the most complex and challenging cases, such as a medical malpractice case, can span several years. The vast majority of cases, however, are resolved before a trial and usually within a year.

    The goal is to make sure you receive fair compensation for your injuries, no matter how long it takes whether that comes in the form of a pre-trial settlement, or with a jury verdict in your favor.

  • How much is my case worth?

    There are many factors that need to be considered when determining the value of your case. Every case is unique and it takes a team effort — including your attorney, staff researchers, and outside experts — to determine the extent of your damages and how much your case is worth. There are two types of damages for which you could receive
    compensation: Economic and non-economic.

    If your case goes to trial and a jury agrees you deserve compensation, the jury members will decide how much the money you should receive for each category of damages.

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