Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.
A veteran or his representative may first want to check to see if the veteran gave his informed consent prior to the VA medical care or procedure in question. Generally, VA hospitals require patients to sign a standard written consent form, explaining the risks involved in the medical procedure. However, in some cases, especially older ones, the VA cannot produce evidence of the patient’s written consent. This failure may be a basis to win benefits under § 1151.
Another area to explore is the possibility that the complications of a VA medical procedure were not reasonably foreseeable. On this point, a veteran or his dependent can prove his § 1151 claim, without a showing of medical negligence or substandard care. Let’s say, for example, that a veteran is admitted for a routine tonsillectomy and ends up with a heart attack or stroke. Even assuming the tonsillectomy was performed non-negligently (i.e., according to the required standard of care owed to patients), nonetheless, a heart attack or stroke is not a reasonable foreseeable complication of a tonsillectomy.
"Were you happy with the final result in your case? "Very much so. "
"I was treated very fairly and was satisfied with the result. "
"Good communication, professional, caring, available, prompt, knowledgable, timely submissions. I was awarded 100% service-connected in a difficult area...Agent Orange and Parkinson's Disease. "
"I tried other representatives for over ten years. They never seemed to try to see my point of view, much less the truth. Mark Lippman's firm went to extremes to find the truth--they were very diligent in representing me in Court I would whole-heartedly recommend that anyone with a difficult case go to Mark Lippman. "
"I believe Mr. Lippman was entitled to more compensation than he received. He treated me more than fair. He listened to me. When you're hurting and tired of fighting the system, that means a lot. Mark performed admirably, quickly and professionally. I am more than happy with the final result. "
"I felt that the Veteran's Law Group took the time and gathered the needed info to support my case. They never pushed me and my case off to the side. They pushed for what was right and entitled to me for my service to this country. They were willing to listen to me and then do the needed research to support my case. They never made me feel that I was wasting mine or their time. "
"More than happy with final result because of your dedication and honesty. Absolutely treated me fairly and compassionately. "
"I was happy with Mr. Lippman's representation of my case. His firm accomplished what I thought hopeless-I received my compensation. "
"I was extremely happy with the Veterans Law Group and the manner in which they handled my case. There is no doubt in my mind that had anyone other than Mark Lippman litigated my case I would not have received the back benefits I received. Thanks to Mr. Lippman and the Veterans Law Group my life has changed. You cannot go wrong with Attorney Mark Lippman or anyone associated with his Veterans Law Group. "
"Mark Lippman helped me with a 10 year appeal and within a year and a half I received back pay of over $100,000. I would never have reached a settlement without Mark Lippman's help. The VA kept me in limbo for years. Mr. Lippman's knowledge of VA procedures made them accountable. I am now receiving 100% pension for my health condition resulting from the Viet Nam War. "
"Mark Lippman let me know all the information I needed to prepare well in advance. He even covered some early expenses for the case from his own sources. Excellent lawyer and the case was settled to my satisfaction. I am very thankful to Mark Lippman and his staff for representing me in this caring, precise and realistic manner. "
"Mark Lippman and I have worked together on cases before the Court of Appeals for Veterans Claims involving vision problems for several years. I have been a Service Officer for the Blinded Veterans Association for over 16 years. Mr. Lippman settled a claim I referred to him for over $500,000 -- the largest settlement I have ever known -- and he is currently seeking a Court decision in a case involving the unusual definition of 'blindness' used by the VA. "
"Mr. Lippman took on my case in 1991. Stuck in there until he was satisfied with the final decision which was 100% TDIU. Thank you Mr. Lippman. Will surely recommend you to other people. Law firm always done what they say they would do. I was very satisfied with the final results of my case. "
"I am very satisfied with your firm's representation regarding my claim against the Secretary of Veterans Affairs. The partial settlement I have received has made me feel as though I am finally coming to a closure to a very important part of my life. Thanks to Attorney Mark Lippman for handling my case.
Mr. Lippman & the Veteran's Law Group have been professional and helpful through this whole long process. Could not be any happier. The moral victory was equally as important as the financial victory. For 60+ years the VA had denied my condition was related to service. "
"By myself, I would not have survived this, had it not been for Counselor Lippman. We started with nothing, only my story--to the result of winning a V.A. claim. I would recommend attorney Mark Lippman to anyone. "
"I have been trying to receive compensation since the early 70's from the V.A. for service connected disabilities. I believe without Mark Lippman's help I would still be trying to obtain was due me. I sincerely thank you, Mark and your Staff. "
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