Medical Malpractice at
Lee County VA Clinic

The Lee County VA Clinic in Cape Coral, Florida serves as a vital healthcare resource for veterans throughout Southwest Florida. This modern outpatient facility is part of the Bay Pines VA Healthcare System. It provides essential medical services, including primary care, specialty care, mental health treatment, and various diagnostic services, to our nation's veterans.

Medical errors and negligence can occur at even well-established VA clinics, despite most veterans receiving appropriate care. When veterans suffer harm due to substandard medical care, they have the right to pursue compensation through the Federal Tort Claims Act (FTCA). However, these cases require specialized knowledge of both medicine and federal law.

Our firm is uniquely qualified for VA medical malpractice cases, with both a licensed physician-attorney and registered nurse on staff. This dual medical-legal expertise allows us to thoroughly evaluate potential claims against the Lee County VA Clinic and provide comprehensive representation for veterans who have been harmed. We have recovered over $145 million for clients and have 25+ years of experience handling FTCA claims nationwide, so we understand what it takes to succeed in these complex cases.

The Lee County VA Clinic operates as an outpatient facility within the Bay Pines VA Healthcare System, providing comprehensive healthcare services to veterans in Cape Coral and surrounding communities. This modern medical center, located at 2489 Diplomat Parkway East, offers primary care and an expanding range of specialty services.

The facility's medical departments include audiology, cardiology, dental, dermatology, gastroenterology, gynecology, mental health services, and laboratory testing. The clinic focuses on veterans' healthcare needs, including specialized programs for women's health and military sexual trauma treatment.

The Lee County VA Clinic works closely with other VA facilities in Florida's network to provide veterans comprehensive care. Paul M. Russo, MHSA, FACHE, RD directs the Bay Pines VA Healthcare System, which oversees the clinic's adherence to federal VA protocols.

• Diagnostic Errors: Missed or delayed diagnoses can occur when providers fail to order appropriate tests or properly interpret results. This is particularly concerning in the clinic's specialty departments like cardiology and gastroenterology. Learn more about VA diagnostic errors →

• Medication Mistakes: Veterans may receive incorrect medications, improper dosages, or experience dangerous drug interactions. These errors can occur in both the clinic's pharmacy services and during prescription management in various departments.

• Specialty Care Negligence: The clinic's specialty services like cardiology, dermatology, and gastroenterology require precise care. Errors in these departments can lead to serious complications or worsened conditions.

• Laboratory Testing Errors: Mistakes in sample collection, handling, or result interpretation can lead to incorrect diagnoses and inappropriate treatments. The clinic's on-site laboratory must maintain strict protocols to prevent these errors.

• Women's Health Care Failures: Female veterans may experience substandard care in gynecology and other women's health services, leading to preventable complications birth injury claims → or delayed treatment of serious conditions.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing a lawsuit against the Lee County VA Clinic. This initial claim is filed using Standard Form 95 (SF-95) and must include detailed information about the negligent care and resulting damages.

For claims involving the Lee County VA Clinic, the SF-95 form should be submitted to:

Office of Regional Counsel Bay Pines VA Healthcare System 10000 Bay Pines Blvd. Bay Pines, FL 33744

Strict deadlines apply to FTCA claims. Veterans must file their administrative claim within two years of when they knew or should have known about their injury and its cause. 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 Florida →

While Florida's medical malpractice laws typically require compliance with specific pre-suit requirements under Florida Statutes § 766.106, FTCA claims against the Lee County VA Clinic follow federal law instead. However, Florida's substantive medical negligence standards still help define the standard of care.

The FTCA allows for various types of damages, including medical expenses, lost wages, and pain and suffering. Unlike some Florida malpractice cases, FTCA claims are not subject to state damage caps, but they do prohibit punitive damages. Learn more about Florida-specific legal requirements: Military & VA Medical Malpractice in Florida →

We also handle medical malpractice cases at these Florida facilities:

• Bruce W. Carter VA Medical Center (Miami) →
• C.W. Bill Young VA Medical Center (Bay Pines) →
• Jacksonville North VA Clinic (Jacksonville) →
• James A. Haley Veterans' Hospital (Tampa) →
• Lake Baldwin VA Clinic (Orlando) →

If you've experienced medical negligence at the Lee County VA Clinic in Cape Coral, Florida, you may have rights under the Federal Tort Claims Act (FTCA). This special law allows veterans and their families to seek compensation when harmed by negligent medical care at VA facilities, but the process involves strict deadlines and specific procedures you must follow.

You have two years from the date of the negligent incident to file an administrative claim using Standard Form 95. This is a crucial first step - if you miss this deadline, you could lose your right to pursue compensation entirely. Once you submit your claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

For VA medical malpractice cases in Southwest Florida, working with an attorney who is also a licensed medical doctor can significantly strengthen your case. A doctor-attorney can better understand complex medical records, identify deviations from the standard of care, and effectively communicate with medical experts. This dual expertise is particularly valuable when dealing with cases involving the Cape Coral VA facility, as these claims often require intricate understanding of both medical procedures and federal law.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. If you're a veteran who received care at the Lee County VA Clinic, you might also be eligible for additional VA benefits to cover ongoing medical needs related to the negligent treatment.

Don't wait to explore your legal options. Many law firms that handle VA medical malpractice cases offer free, confidential case evaluations to veterans and their families. During this consultation, an experienced attorney can review your medical records, explain your rights under the FTCA, and help determine if you have a viable claim. Remember, understanding your rights and acting within the legal timeframes is crucial to protecting your interests and securing the compensation you deserve for injuries sustained through VA medical negligence.

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

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