Court Dismisses Vet’s Case against Tennessee VA, Claim Filed Too Late
A recent Tennessee court ruling may make it difficult for veterans to seek compensation for possible exposure to several dangerous diseases, according to a report from Healthcare Global. In 2009, the U.S. Department of Veterans Affairs (VA) notified more than 10,000 veterans that they may have been exposed to HIV, hepatitis B, and hepatitis C if they had undergone colonoscopies at Veterans Affairs facilities. According to the VA, the exposure risk stemmed from the improper cleaning of the tools used to perform the procedures. An estimated 6,000 of the notified veterans were treated at a Murfreesboro, TN VA clinic, and currently, at least 90 veterans have tested positive for one of the three viruses. Court dismisses vet’s case against Tennessee.
The victim in this recent case contracted hepatitis B from a colonoscopy in 2006, but the VA did not notify him of any of the problems with the colonoscopy equipment until 2009. Within 10 months of receiving the notification, the veteran took the first step towards filing a TN medical malpractice claim, which is filing an administrative tort claim. However, a federal appeals court ruled against the vet, claiming the man waited too long to file the lawsuit. Though the VA is a federal agency, medical malpractice claims against the VA are governed by Tennessee’s statute of limitations, which is one of the shortest in the country.
A medical malpractice claim in TN must be filed within three years of the date of the alleged negligent act; specifically, the claim cannot be filed three years from the date the victim realized he or she was injured or may have been injured due to medical malpractice. The exception is when a claimant is accusing the physician or medical facility of concealing the source of injury. The judges in this appeals case ruled that the veteran missed the deadline to file a claim by two months.
Individuals in TN who feel they may have been the victim of medical malpractice should seek professional assistance from a qualified medical malpractice lawyer in Chattanooga with Massey & Associates, P.C. As patients, we entrust our healthcare and well-being to medical professionals, and when these parties act negligently, serious harm and injury to a patient may occur as a result. Our experienced legal team can help you obtain compensation for your losses and hold at-fault parties accountable. Call (423) 697-4529 for a no-cost consultation.
