Medical Malpractice at
Togus VA Medical Center

Togus VA Medical Center, located in Augusta, Maine, stands as the oldest veterans' facility in the United States, serving over 42,500 veterans across the state. As a comprehensive medical center, Togus VA provides essential services including surgery, emergency care, mental health treatment, and specialized medical care to veterans who have served our country.

Medical errors and negligence can occur at Togus VA Medical Center, 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 claims involve complex federal procedures that differ significantly from standard medical malpractice cases.

Our firm's founder, a licensed physician and attorney, offers unique medical and legal expertise in VA medical malpractice cases. This doctor-attorney perspective allows us to thoroughly evaluate the medical evidence, identify deviations from the standard of care, and effectively advocate for veterans harmed at VA facilities like Togus.

Established in 1866, Togus VA Medical Center is a Joint Commission accredited, complexity Level 1c facility providing comprehensive healthcare services to veterans throughout Maine. The medical center operates 67 beds for general medical, surgical, and mental health care, plus an additional 100 beds dedicated to long-term care services including hospice and skilled nursing.

Multiple specialized departments operate on the 500-acre campus, including cardiology, orthopedic surgery, nephrology, and mental health services. As a teaching hospital, Togus VA maintains educational affiliations and offers specialized training programs in advanced general dentistry, clinical psychology, and neuropsychology.

Key services include comprehensive surgical care, 24/7 emergency services, addiction recovery programs, and specialized treatment for conditions commonly affecting veterans. The facility also provides crucial mental health services, implementing a trauma-focused, person-oriented approach to care that addresses the unique needs of the veteran population.

• Surgical Errors: Given Togus VA's active surgical department performing joint replacements, arthroscopy, and other procedures, surgical mistakes can occur. These may include wrong-site surgery, post-operative complications, or anesthesia errors. Learn more about surgical malpractice claims →

• Emergency Room Mistakes: The 24/7 emergency department at Togus VA handles both medical and mental health emergencies. Delayed treatment, misdiagnosis of serious conditions, or failure to properly monitor patients can lead to devastating outcomes. Learn more about ER malpractice →

• Medication Errors: With multiple departments prescribing medications, errors in dosing, drug interactions, or administration can occur. Veterans with complex medical conditions are particularly vulnerable to medication mistakes. Learn more about medication error claims →

• Mental Health Treatment Failures: Given Togus VA's significant mental health and addiction services, failures to properly diagnose, monitor, or treat psychiatric conditions can have serious consequences. This includes inadequate suicide prevention measures or improper medication management.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim using Standard Form 95 (SF-95) before pursuing litigation against Togus VA Medical Center. This claim must be filed with the appropriate VA Regional Counsel office within two years of when the malpractice was discovered.

The VA has six months to review and respond to the administrative claim. If the claim is denied or the six-month period expires without a response, veterans then have six months to file a federal lawsuit. Missing these strict deadlines can permanently bar recovery, making it crucial to begin the claims process as soon as possible.

Veterans should support their claims with medical records, expert opinions, and proof of damages. An experienced attorney can help gather the necessary documentation and ensure all procedural requirements are met.

For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Maine →

Maine's standard medical malpractice statute of limitations is three years (24 M.R.S. § 2902). However, FTCA claims against Togus VA Medical Center follow federal law's two-year statute of limitations. While Maine caps non-economic damages in medical malpractice cases at $500,000, this state law cap does not apply to federal FTCA claims.

You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel. This must be done within two years of discovering the malpractice. Supporting documentation, including medical records and expert opinions, should accompany the claim.

The deadline is two years from when you knew or should have known about the malpractice. After filing the administrative claim, you must wait for the VA's response (up to 6 months) before filing a federal lawsuit.

Can I sue Togus VA Medical Center directly?

No, you cannot sue the facility or its employees directly. Claims must proceed through the FTCA process, beginning with an administrative claim. Only after completing this step can you file a federal lawsuit if necessary.

What damages can I recover for malpractice at Togus VA Medical Center?

Recoverable damages may include medical expenses, lost wages, pain and suffering, and future care needs. Unlike private malpractice cases in Maine, FTCA claims are not subject to state damage caps.

Do I need a Maine attorney for my Togus VA Medical Center claim?

Although not required, we highly recommend working with an attorney experienced in federal FTCA claims. These cases involve complex federal procedures and require both medical and legal expertise to properly evaluate and present.

How long does the VA have to respond to my claim?

The VA has 6 months to investigate and respond to your administrative claim. If they fail to respond within this timeframe, you can treat this as a denial and proceed with filing a federal lawsuit.

If you've experienced medical negligence at Togus VA Medical Center in Augusta, Maine, you need to understand your rights under the Federal Tort Claims Act (FTCA). As a veteran or military family member, this federal law allows you to seek compensation when VA medical care falls below acceptable standards.

Time is critical in FTCA claims. You must file your administrative claim within two years of when you knew or should have known about the negligence and resulting injury. This is done by submitting Standard Form 95 to the VA. Once filed, the VA has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

For cases involving Togus VA Medical Center, working with an attorney who is also a medical doctor can be invaluable. These specialized attorneys understand both the complex medical issues and the unique legal requirements of FTCA claims. They can effectively review your medical records, identify deviations from the standard of care, and articulate how these failures caused your injuries. This medical-legal expertise is particularly crucial because FTCA cases require clear evidence of medical negligence.

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 pain and suffering. Unlike private medical malpractice cases, FTCA claims don't allow for punitive damages, but they can provide substantial compensation to help you manage the impact of medical negligence on your life.

If you believe you've experienced medical negligence at Togus VA, don't wait to seek legal guidance. Many attorneys who handle VA medical malpractice cases offer free initial consultations to evaluate your claim. During this consultation, they can assess whether your case meets FTCA requirements and help you understand your options. Remember, these cases are complex and time-sensitive, so it's important to speak with an experienced attorney as soon as possible to protect your rights and ensure compliance with all FTCA deadlines.

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

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