Should I sue the VA
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I sue the VA
After I left the military, I had a psychotic break, and was diagnosed with schizophrenia by the VA. I carried that diagnosis and its stigma me with me for 10 years. I lost friends because of that diagnosis, and did not have an opportunity, because of that diagnosis to get a full honorable discharge upgrade.
I repeatedly asked the VA to check for injuries in my head, but I think they just ignored me because of my diagnosis.
I paid out of pocket and got a nuerologist to check my brain with a spect scan, and he diagnosed me with psychotic disorder as a result of Traumatic Brain Injury, and he said I don’t have schizophrenia.
Do I have grounds to sue the VA?
Asked on December 11, 2016 under Malpractice Law, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You may not be able to sue. First, an error is not necessarily malpractice: malpractice is when the medical care is negligent or unreasonable careless. But if the diagnosis was a reasonable one at the time, based on then-current medical knowledge and practice and your symptoms, etc., then even though it was wrong, it was not malpractice. The law accepts that medicine is not perfect and mistakes are sometimes made; only if, as stated, the diagnosis was unreasonable under the circumstances might it be malpractice. So you would need to be able to show that the diagnosis was not merely wrong, but unreasonable.
Second, and more imporantly, based on what you write, it is too late to bring a malpractice case. In your state, you can only file or initiate a malpractice lawsuit up to two years after the injury or harm (e.g. the incorrect diagnosis) was or reasonably *should* have been discovered, and in no event, more then five years after the alleged malpractice. If the diagnosis was 10 years or so ago, then it appears it is too late to file or bring a lawsuit, based on your state's statute of limitations and statute of repose for medical malpractice claims.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.