Medical Malpractice at
Wilmington VA Medical Center

The Wilmington VA Medical Center is Delaware's primary Veterans Affairs healthcare facility, providing comprehensive medical care to over 43,000 veterans in Delaware and southern New Jersey. As a Joint Commission-accredited, complexity level two facility, it offers a wide range of services including emergency care, surgical procedures, cardiology, and specialized veteran healthcare programs.

Despite high care standards, medical errors and negligence at the facility can cause serious harm to our veterans. If medical malpractice occurs at the Wilmington VA Medical Center, veterans and their families can seek justice through the Federal Tort Claims Act (FTCA), which provides procedures for filing claims against federal healthcare facilities.

Our firm's doctor-attorney leadership provides unique expertise in VA medical malpractice cases. With medical and legal training, we understand the complex medical issues in VA healthcare delivery and can evaluate potential malpractice at facilities like the Wilmington VA Medical Center. Our unique medical and legal expertise has helped us recover over $145 million for our clients.

The Wilmington VA Medical Center operates as a 42-bed facility, including a 40-bed Community Living Center and acute care services. The facility provides comprehensive medical care to Delaware and southern New Jersey veterans through 1,400 healthcare professionals, including 93 physicians and 429 nurses, with a $462 million annual budget.

The Wilmington VA Medical Center, a teaching hospital, trains over 200 medical residents each year and offers advanced technologies like the DaVinci robotic surgical system. The facility has earned a four-star CMS quality rating and maintains Joint Commission accreditation, demonstrating its commitment to high-quality veteran care.

The medical center serves as the cornerstone of VA healthcare delivery in Delaware, operating five community-based outpatient clinics throughout its service area. In fiscal year 2023, the facility handled over 383,000 outpatient visits, 8,280 emergency room visits, and provided care to more than 43,000 veterans through both in-person and telehealth services.

• Surgical Errors: With the facility's DaVinci robotic surgery program and expanded surgical services, errors can occur during both traditional and robotic procedures. Common issues include wrong-site surgery, post-operative complications, and anesthesia errors. Learn more about surgical malpractice claims →

• Emergency Room Mistakes: The facility's emergency department handles over 8,000 visits annually. Rushed triage decisions, delayed treatment, and missed diagnoses can lead to serious patient harm. Learn about emergency room error claims →

• Misdiagnosis and Delayed Diagnosis: Veterans with complex medical conditions require accurate and timely diagnosis. Delays or errors in diagnosing conditions like cancer, heart disease, or respiratory problems can have devastating consequences. Understanding misdiagnosis claims →

• Medication Errors: With the facility's extensive pharmacy services and treatment of chronic conditions, medication mistakes can occur through incorrect dosing, drug interactions, or administration errors. These errors are particularly concerning for veterans on multiple medications.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing legal action against the Wilmington VA Medical Center. This process begins by submitting Standard Form 95 (Claim for Damage, Injury, or Death) to the appropriate VA office.

Claims must be filed with the VA Regional Counsel office responsible for Delaware. While specific filing information should be verified with current VA sources, claims typically must include detailed documentation of the alleged malpractice, medical records, and expert opinions supporting the claim.

The FTCA imposes strict deadlines for filing claims. Veterans must submit their administrative claim within two years of discovering their injury. Once filed, the VA has six months to review and respond to the claim. If the claim is denied or the six-month period expires without a decision, 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 Delaware →

Delaware's medical malpractice statute of limitations (18 Del. C. § 6856) allows two years from the date of injury to file a claim, with a three-year statute of repose. However, FTCA claims against the Wilmington VA Medical Center follow federal timelines rather than state deadlines. While Delaware has no strict damage caps for medical malpractice, FTCA claims may be subject to federal limitations on recoverable damages.

If you've experienced medical negligence at the Wilmington VA Medical Center in Delaware, you have the right to pursue compensation through the Federal Tort Claims Act (FTCA). However, the process involves strict deadlines and specific requirements that you must follow to protect your rights.

Under the FTCA, you have two years from the date of injury or when you reasonably should have discovered the injury to file an administrative claim using Standard Form 95. This claim must be filed with the Department of Veterans Affairs before any lawsuit can begin. Once your claim is submitted, the VA has six months to investigate and respond. If the VA denies your claim or fails to respond within six months, you then have six months to file a federal lawsuit.

For VA medical malpractice cases, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their dual expertise is particularly valuable when dealing with the unique challenges of proving negligence in the VA healthcare system.

Through an FTCA claim against the Wilmington VA Medical Center, you may be entitled to recover various damages. These can include past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For veterans' families pursuing wrongful death claims, additional damages may be available, including funeral expenses and loss of companionship.

Given the complexity of these cases and the strict deadlines involved, it's crucial to have your potential claim evaluated as soon as possible. Many attorneys who handle VA medical malpractice cases offer free initial consultations to review your medical records and determine if you have a viable claim. During this evaluation, they can explain your legal options and help you understand the strength of your case.

If you or a family member has suffered harm due to medical care at the Wilmington VA Medical Center, consider reaching out for a free case evaluation. An experienced doctor-attorney can review your situation, explain your rights, and help you navigate the complex FTCA claims process while you focus on your recovery.

We handle various types of VA and military medical malpractice cases in Delaware:

• Delaware Surgical Errors Cases →
• Delaware Emergency Room Errors Cases →
• Delaware Brain Injury Cases →
• Delaware Spinal Cord Injury Cases →
• Delaware Misdiagnosis Cases →
• Delaware Medication Errors Cases →