The Birmingham VA Medical Center is a vital healthcare facility for Alabama veterans, offering comprehensive medical services such as emergency care, surgery, cardiology, and specialized veterans' health programs. As a 136-bed facility affiliated with the University of Alabama at Birmingham School of Medicine, it plays an essential role in delivering healthcare to our nation's veterans.
Medical errors and negligence can occur at any institution, even though most veterans receive appropriate care at this facility. When veterans suffer harm due to substandard care at the Birmingham VA Medical Center, they have legal rights under the Federal Tort Claims Act (FTCA) to seek compensation for their injuries.
At Archuleta Law Firm, our unique combination of medical and legal expertise - including our founder who is both a licensed physician and attorney - allows us to thoroughly evaluate potential malpractice cases at VA facilities. With over $145 million recovered for clients and 25+ years of experience handling FTCA claims nationwide, we understand the complexities of pursuing claims against the Birmingham VA Medical Center.
About Birmingham VA Medical Center
Established in 1953, the Birmingham VA Medical Center has grown to become one of Alabama's premier veterans' healthcare facilities. The medical center expanded its services and capabilities after adding 275,000 square feet of space in 1992. Today, the facility operates 136 beds and serves veterans throughout the region from its location at 700 South 19th Street in Birmingham.
Under Executive Director Dr. Oladipo A. Kukoyi, the medical center provides comprehensive healthcare, including emergency care, surgical services, cardiology, gastroenterology, and specialized veterans' health programs. The facility trains future healthcare providers through its affiliation with the University of Alabama at Birmingham School of Medicine.
The facility offers both inpatient and outpatient services, with particular expertise in areas such as emergency medicine, surgery, cardiology, and mental health care. Its role as a major VA healthcare provider in Alabama makes it an essential resource for veterans requiring both routine and specialized medical care.
Common Types of Malpractice at Birmingham VA Medical Center
Surgical Errors: Given the facility's active surgical department, errors during procedures can occur. These may include wrong-site surgery, retained surgical instruments, or post-operative complications. For details about surgical malpractice claims, see our guide on Alabama VA surgical errors.
Emergency Room Mistakes: The 24/7 emergency department handles urgent cases, but rushed decisions and understaffing can lead to critical errors in diagnosis or treatment. Learn more about emergency room malpractice claims.
Diagnostic Errors: Delayed or missed diagnoses, particularly in specialties like cardiology and gastroenterology, can have severe consequences. Our firm handles misdiagnosis claims across all medical specialties.
Medication Errors: Incorrect medication dosing, drug interactions, or administration errors can cause serious harm. These errors often occur due to communication breakdowns or understaffing.
Hospital-Acquired Infections: Poor sanitation protocols or inadequate post-operative care can lead to dangerous infections. Veterans may require additional treatment and face extended recovery times.
Filing an FTCA Claim Against Birmingham VA Medical Center
Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing legal action against the Birmingham VA Medical Center. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office.
For claims involving the Birmingham VA Medical Center, administrative claims should be filed with:
Department of Veterans Affairs Office of Regional Counsel (02) 1700 Clairmont Road Decatur, GA 30033
Critical deadlines apply to these claims. Veterans must file their administrative claim within two years of when they knew or should have known about the malpractice. After filing, the VA has six months to investigate and respond. If the claim is denied or six months pass without a response, veterans have six months to file a federal lawsuit.
For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Alabama →
Alabama Legal Considerations for Birmingham VA Medical Center Claims
While Alabama's medical malpractice statute of limitations is two years (Ala. Code § 6-5-482), FTCA claims follow federal deadlines. Alabama does not impose damage caps on medical malpractice awards, which can affect the compensation available in FTCA claims against the Birmingham VA Medical Center.
For detailed information about Alabama-specific legal requirements and how they interact with federal law, visit our Alabama VA Medical Malpractice Guide.
How do I file a malpractice claim against Birmingham VA Medical Center?
You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel office. This must be done within two years of discovering the malpractice, and must include detailed information about your injury and damages.
What is the deadline for filing a claim against Birmingham VA Medical Center?
The deadline is two years from when you knew or reasonably should have known about the malpractice. Missing this deadline can permanently bar your claim, so it's crucial to consult with an attorney promptly.
Can I sue Birmingham VA Medical Center directly?
No, you cannot sue the facility directly. Claims must be filed under the Federal Tort Claims Act (FTCA) against the United States government, not the individual facility or its employees.
What damages can I recover for malpractice at Birmingham VA Medical Center?
You may be eligible to recover medical expenses, lost wages, pain and suffering, and other damages related to your injury. The specific amount depends on the severity of harm and impact on your life.
Do I need an Alabama attorney for my Birmingham VA Medical Center claim?
While not required, having an attorney experienced in both FTCA claims and medical malpractice is highly recommended. Our firm's unique doctor-attorney perspective allows us to better evaluate and present your claim.
What types of cases does the Birmingham VA Medical Center handle?
The facility provides comprehensive medical care including emergency services, surgery, cardiology, gastroenterology, and mental health treatment. Malpractice claims can arise from any of these services if care falls below accepted standards.
Other VA & Military Facilities in Alabama
We also handle medical malpractice cases at these Alabama facilities:
Understanding Your FTCA Rights
If you've been harmed by negligent medical care at the Birmingham VA Medical Center, you may have rights under the Federal Tort Claims Act (FTCA). This law allows veterans and their families to seek compensation when VA healthcare providers fail to meet the accepted standard of care. However, the process requires careful attention to strict deadlines and procedural requirements.
You must file your FTCA claim within two years of when you knew or should have known about your injury and its cause. This begins with filing Standard Form 95 with the VA, which must include a specific amount claimed for damages. The VA then has six months to investigate and respond to your claim. Only after this administrative process can you file a lawsuit in federal court, if necessary.
For VA medical malpractice cases in Birmingham, working with an attorney who is also a medical doctor provides crucial advantages. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with treating physicians. Their combined medical and legal expertise helps build stronger cases and often leads to better outcomes for veterans and their families.
Through an FTCA claim, you may be able to recover various types of damages. These can include past and future medical expenses, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. For veterans' families, claims may also include loss of companionship and support. Unlike private medical malpractice cases, FTCA claims have no caps on damages in Alabama.
If you or a family member experienced complications, unexpected outcomes, or serious injuries while receiving care at the Birmingham VA Medical Center, you should have your case evaluated by an experienced FTCA attorney. Many firms specializing in veterans' medical malpractice offer free initial consultations and only charge fees if they win your case. Time is critical in these cases, so it's important to seek legal guidance as soon as possible to protect your rights and ensure compliance with FTCA requirements.
Contact a qualified attorney today for a confidential, no-cost evaluation of your potential claim against the Birmingham VA Medical Center. Your service and sacrifice deserve nothing less than excellent medical care, and you have the right to seek justice when that standard isn't met.
Related Case Types in Alabama
We handle various types of VA and military medical malpractice cases in Alabama:
Why Choose the Archuleta Law Firm
Unparalleled expertise for your Birmingham VA Medical Center claim
- 🩺Doctor-Attorney on Staff
Our founder is both a licensed attorney and a medical doctor (MD/JD), providing critical insight into what constitutes malpractice at Birmingham VA Medical Center.
- ⚖️Exclusive FTCA Focus
We specialize exclusively in military and VA medical malpractice, handling Federal Tort Claims Act cases against facilities like Birmingham VA Medical Center across all 50 states.
- 💰Proven Track Record
With over $145 million recovered for military and VA medical malpractice victims nationwide, we have the experience to handle your case.
- 📅25+ Years of Experience
Our firm brings decades of experience to every case, understanding the nuances of federal litigation and the specific challenges of suing federal facilities.
- 🤝No Fee Unless We Win
We operate on a contingency fee basis—you pay nothing unless we recover compensation for you.
Free Case Evaluation
Birmingham VA Medical Center Malpractice Claim
If you or a loved one suffered harm due to medical negligence at Birmingham VA Medical Center in Birmingham, Alabama, you may have a right to seek compensation under the Federal Tort Claims Act.
The Archuleta Law Firm offers a free, confidential case evaluation to help you understand your legal options:
- Review your Birmingham VA Medical Center medical records at no cost
- Explain how the FTCA process applies to claims against Birmingham VA Medical Center
- Assess the potential value of your case
- Answer all your questions without obligation
Don't Delay
Strict federal deadlines apply to claims against Birmingham VA Medical Center.