Medical Malpractice at
Joseph Maxwell Cleland Atlanta VA Medical Center

The Joseph Maxwell Cleland Atlanta VA Medical Center in Decatur, Georgia, provides vital healthcare to about 145,000 veterans in metro Atlanta. This comprehensive medical center provides a wide range of services, including emergency care, cardiology, dermatology, mental health services, and specialized surgical procedures. As a teaching hospital affiliated with Emory University School of Medicine, it plays a vital role in veterans' healthcare throughout Georgia.

Despite its important mission, medical errors and negligence can occur at any healthcare facility, including the Cleland VA Medical Center. When veterans suffer harm due to substandard care, they have legal rights under the Federal Tort Claims Act (FTCA). However, pursuing a VA medical malpractice claim requires specialized knowledge of both medicine and federal law.

Our firm is led by a licensed physician-attorney, who offers unique medical and legal expertise to VA malpractice cases. Our team understands the complexities of both healthcare delivery at VA facilities and the intricate FTCA claims process, having recovered over $145 million for victims of military and VA medical malpractice nationwide.

The Joseph Maxwell Cleland Atlanta VA Medical Center is a major Veterans Affairs medical facility that received its current name in 2021 through Public Law 116-324. Director Ann R. Brown and Chief of Staff Dr. Oreta Samples lead this teaching hospital, which partners with Emory University School of Medicine to offer residency and fellowship programs for veterans' care.

The medical center provides comprehensive healthcare services including 24/7 emergency care, specialty clinics, primary care, women's health services, and mental health treatment. With its location in Decatur, the facility serves as the primary VA healthcare hub for metropolitan Atlanta and surrounding communities.

Current wait times at the facility average 27 days for primary care, 21 days for mental health services, and 31 days for specialty care appointments. The medical center is expanding its services to meet the growing healthcare needs of veterans in Georgia.

• Surgical Errors: At the Cleland VA Medical Center, surgical mistakes can occur during both routine and complex procedures. These errors may include wrong-site surgery, post-operative complications, or anesthesia errors. Learn more about surgical error claims in Georgia →

• Emergency Department Mistakes: The facility's 24/7 emergency department handles urgent veteran care needs, but errors in triage, delayed treatment, or misdiagnosis can lead to serious harm. Emergency room negligence often occurs during peak hours or staff shortages. Learn more about emergency room error claims →

• Diagnostic Failures: Veterans may experience delayed or missed diagnoses, particularly for serious conditions like cancer or heart disease. These errors often result from communication breakdowns between departments or inadequate follow-up on test results. Learn more about misdiagnosis claims →

• Medication Errors: Improper medication administration, incorrect dosing, or drug interactions can cause serious harm. These errors may occur due to issues with electronic health records or communication problems within the VA pharmacy system.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing legal action for medical malpractice. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office.

For claims involving the Joseph Maxwell Cleland Atlanta VA Medical Center, administrative claims must be filed with:

Veterans Affairs Regional Counsel Atlanta VA Medical Center 1670 Clairmont Road Decatur, GA 30033

The FTCA imposes strict deadlines for filing claims. Veterans must submit their administrative claim within two years of discovering their injury. After filing, the VA has six months to investigate and respond. 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 Georgia →

FTCA claims follow federal guidelines, though Georgia maintains a two-year statute of limitations (O.C.G.A. § 9-3-71) for medical malpractice cases. However, Georgia's specific requirements for expert affidavits and medical evidence may still influence how claims are prepared and presented.

Under the FTCA, damages follow Georgia state law. Economic damages (medical expenses, lost wages) have no federal cap, while non-economic damages may be subject to state limitations. Our attorneys can analyze how Georgia law affects your specific case. Learn more about Georgia-specific legal requirements →

We also handle medical malpractice cases at these Georgia facilities:

• Augusta VA Medical Center-Uptown (Augusta) →
• Carl Vinson VA Medical Center (Dublin) →
• Charlie Norwood VA Medical Center (Augusta) →
• Dwight D. Eisenhower Army Medical Center (Fort Gordon) →
• Fort McPherson VA Clinic (Atlanta) →

If you've experienced medical malpractice at the Joseph Maxwell Cleland Atlanta VA Medical Center in Decatur, Georgia, you have legal rights under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines and procedures you must follow to protect your rights to compensation.

You must file your FTCA claim within two years of when you knew or should have known about the malpractice. This starts with filing an administrative claim using Standard Form 95 with the Department of Veterans Affairs. The VA then has six months to investigate and respond to your claim. Only after this administrative process can you file a federal lawsuit if your claim is denied or inadequately settled.

For VA medical malpractice cases, working with an attorney who is also a medical doctor provides crucial advantages. These specialized lawyer-physicians can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. This medical and legal expertise is particularly valuable when dealing with cases at the Cleland VA Medical Center, as these claims often involve complicated medical issues that require both clinical knowledge and legal strategy.

Through an FTCA claim, you can recover various damages, including past and future medical expenses related to the malpractice, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. For veterans' surviving family members, wrongful death damages may also be available. Unlike private medical malpractice cases, FTCA claims have no caps on damages, though punitive damages are not permitted.

If you or a family member received negligent medical care at the Cleland VA Medical Center, you should have your case evaluated by an experienced FTCA attorney as soon as possible. Many law firms that handle VA medical malpractice cases offer free initial consultations and work on a contingency fee basis, meaning you pay nothing unless they win your case. Don't let crucial deadlines pass - reaching out for a free case evaluation can help you understand your rights and options under the FTCA while preserving your ability to seek fair compensation for medical negligence.

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

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