Overton Brooks VA Medical Center serves as a critical healthcare facility for veterans across Louisiana, Arkansas, and Texas. This 111-bed medical center in Shreveport, Louisiana, offers a range of services, including emergency care, cardiovascular surgery, and specialized treatments. While most veterans receive quality care here, medical errors and negligence can unfortunately occur.
When medical malpractice happens at Overton Brooks VA Medical Center, veterans have legal rights under the Federal Tort Claims Act (FTCA). However, pursuing a claim against a VA facility requires specialized knowledge of both medical standards of care and federal law. Our law firm, led by a licensed physician-attorney, brings unique medical and legal expertise to VA malpractice cases. We've recovered over $145 million for our clients.
About Overton Brooks VA Medical Center
Established in 1950, Overton Brooks VA Medical Center has served the veteran community for over 70 years. This full-service VA medical center, named after Congressman Overton Brooks, is led by Director Richard Crockett and Chief of Staff Dr. Jason Pollack.
The medical center partners with Louisiana State University Health Sciences Center Shreveport to support medical residency programs and improve veteran healthcare. It offers cardiology, cardiovascular surgery, emergency care, mental health treatment, rehabilitation services, and primary care. The facility serves as a crucial healthcare hub for veterans across the tri-state area of Louisiana, Arkansas, and Texas.
Common Types of Malpractice at Overton Brooks VA Medical Center
Surgical Errors: Given the facility's active cardiovascular and general surgery programs, surgical mistakes can have devastating consequences. Common errors include wrong-site surgery, post-operative complications, and anesthesia errors. Learn more about surgical malpractice claims →
Emergency Room Mistakes: The 24/7 emergency department handles critical cases, but rushed diagnoses and delayed treatments can lead to serious harm. Staff shortages and overcrowding may contribute to these errors. Learn more about emergency room malpractice →
Misdiagnosis and Delayed Diagnosis: With multiple specialty departments, diagnostic errors can occur when symptoms are dismissed or proper testing isn't ordered. Cancer, heart conditions, and neurological disorders are commonly misdiagnosed. Learn more about diagnosis errors →
Medication Errors: Prescription mistakes, incorrect dosing, and medication interactions can cause serious harm birth injury claims →. VA electronic health records should prevent these errors, but they still occur due to system or human error.
Filing an FTCA Claim Against Overton Brooks VA Medical Center
Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing a lawsuit. This claim is submitted on Standard Form 95 to the VA Regional Counsel responsible for Overton Brooks VA Medical Center.
The FTCA imposes strict deadlines for filing claims. Veterans have two years from the date they discovered (or should have discovered) the malpractice to file their administrative claim. The VA then has six months to investigate and respond. If the claim is denied or the six months pass without a decision, veterans have six months to file a federal lawsuit.
These claims require detailed medical evidence and expert opinions to prove negligence occurred and caused harm. Having a physician-attorney evaluate your case can be invaluable in building a strong claim from both medical and legal perspectives.
For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Louisiana →
Louisiana Legal Considerations for Overton Brooks VA Medical Center Claims
Louisiana has specific medical malpractice laws, including a one-year statute of limitations (La. R.S. § 9:5628). However, FTCA claims follow federal law, which provides the two-year filing deadline. While Louisiana caps medical malpractice damages at $500,000, these state caps don't apply to FTCA claims against VA facilities.
How do I file a malpractice claim against Overton Brooks VA Medical Center?
You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel. This claim must include detailed information about the negligent care and resulting damages. Our physician-attorney team can help prepare this crucial documentation.
What is the deadline for filing a claim against Overton Brooks VA Medical Center?
Under the FTCA, you have two years from the date you discovered (or should have discovered) the malpractice to file your administrative claim. Missing this deadline can bar your right to compensation permanently.
Can I sue Overton Brooks VA Medical Center directly?
No, you cannot sue the facility directly. Claims must be filed under the FTCA, which requires first filing an administrative claim with the VA. Individual VA employees cannot be sued personally for care provided within their employment.
What damages can I recover for malpractice at Overton Brooks VA Medical Center?
FTCA claims can recover compensation for medical expenses, lost wages, pain and suffering, and other damages related to the malpractice. Unlike Louisiana state claims, FTCA claims are not subject to state damage caps.
Do I need a Louisiana attorney for my Overton Brooks VA Medical Center claim?
While not required, having an attorney experienced in both FTCA claims and medical malpractice is highly recommended. Federal tort claims involve complex legal and medical issues best handled by specialized counsel.
What types of cases does the VA typically settle at Overton Brooks?
The VA may settle cases with clear evidence of negligence and significant damages. However, each case is unique, and settlement depends on factors like strength of evidence, severity of harm, and quality of documentation.
Other VA & Military Facilities in Louisiana
We also handle medical malpractice cases at these Louisiana facilities:
Understanding Your FTCA Rights
If you've experienced medical negligence at Overton Brooks VA Medical Center in Shreveport, Louisiana, you have legal rights under the Federal Tort Claims Act (FTCA). However, these cases involve strict deadlines and specific procedures that must be followed precisely. You must file your claim within two years of when you knew or should have known about the injury and its cause. This is done by submitting Standard Form 95 to the Department of Veterans Affairs, which then has six months to investigate and respond to your claim.
When dealing with VA medical malpractice at Overton Brooks, having an attorney who is also a medical doctor can be invaluable to your case. These specialized professionals can quickly identify deviations from the standard of care and understand complex medical records specific to VA systems. They can effectively communicate with VA medical experts and navigate both the legal and medical aspects of your claim, which is crucial given the complexity of cases involving veteran healthcare.
Through an FTCA claim against Overton Brooks VA Medical Center, you may be entitled to recover various damages. These can include past and future medical expenses, lost wages and reduced earning capacity, and compensation for pain and suffering. For veterans and military families, this can also encompass long-term care costs and modifications needed for your home due to medical negligence-related disabilities.
Time is critical in these cases, and waiting too long can permanently bar your right to compensation. Our team offers free, confidential case evaluations to veterans and their families affected by medical negligence at Overton Brooks VA Medical Center. During this evaluation, we can review your medical records, explain your legal options, and help determine if you have a viable FTCA claim. You've served our country - now let us serve you by ensuring your rights are protected and you receive the compensation you deserve for medical negligence at the VA. Contact us today to schedule your free consultation and learn how we can help with your VA medical malpractice claim.
Related Case Types in Louisiana
We handle various types of VA and military medical malpractice cases in Louisiana:
Why Choose the Archuleta Law Firm
Unparalleled expertise for your Overton Brooks 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 Overton Brooks VA Medical Center.
- ⚖️Exclusive FTCA Focus
We specialize exclusively in military and VA medical malpractice, handling Federal Tort Claims Act cases against facilities like Overton Brooks 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
Overton Brooks VA Medical Center Malpractice Claim
If you or a loved one suffered harm due to medical negligence at Overton Brooks VA Medical Center in Shreveport, Louisiana, 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 Overton Brooks VA Medical Center medical records at no cost
- Explain how the FTCA process applies to claims against Overton Brooks 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 Overton Brooks VA Medical Center.