Articles & Insights
Articles
Guides from Peter Anderson on the questions patients and families actually ask. Written for non-lawyers, drawn from 15+ years of trial experience.
The Biloxi VA Hospital Misdiagnosis Lawsuit: A Veteran Sent Home With a Cold, Dead by Morning, and What Families Should Know
A widow says the Biloxi VA Medical Center told her 53-year-old husband he had a cold and sent him home. He was dead by the next morning, with a heart attack listed as the cause. Her claim says no one ran the standard tests that rule out a heart attack. Here is what the allegations are, how a malpractice claim against a VA hospital actually works, and the two-year deadline that ends most of these cases before they start.
Community Health Centers and the Indian Health Service: Why Your Malpractice Claim Is Really Against the Federal Government
Millions of patients get care at neighborhood clinics and Indian Health Service facilities that look like any private practice. When something goes wrong, the malpractice claim usually is not against the clinic or the doctor at all. It is against the United States, under the Federal Tort Claims Act, with a two-year deadline and rules that catch people who assumed they were dealing with a private office.
SF-95 Mistakes: The Filing Errors That End Federal Tort Claims
The Standard Form 95 is where most Federal Tort Claims Act cases are won or lost, long before a lawsuit is filed. Here are the filing mistakes that quietly kill claims: the missing sum certain, the claim sent to the wrong agency, the form that was mailed but never received in time, and the signature that carried no legal authority.
VA Disability Under Section 1151 vs. an FTCA Lawsuit: Two Routes for Veterans Harmed by VA Care
A veteran injured by VA medical care has two separate ways to be compensated: a Section 1151 disability benefits claim inside the VA, and a Federal Tort Claims Act lawsuit for money damages. They pay differently, run on different deadlines, and interact through a specific offset rule. Here is how the two compare and how they fit together.
The Feres Doctrine: Why Active-Duty Servicemembers Cannot Sue for Military Medical Malpractice
A misdiagnosis at a base hospital and the same misdiagnosis at a VA hospital are legally worlds apart. Active-duty servicemembers are barred from suing at all by a 1950 Supreme Court decision. Here is what the Feres doctrine actually blocks, the administrative remedy the Stayskal Act created in its place, and why military dependents and veterans have completely different options.
FTCA Claims: Suing the Government for Medical Negligence
How Federal Tort Claims Act cases work, why most personal injury firms won't take them, and the procedural traps that end most claims before they reach a courtroom.
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