Medical Malpractice at
Beckley VA Medical Center

The Beckley VA Medical Center is a key healthcare facility for veterans in southeastern West Virginia. It offers emergency care, specialty treatments, and primary care to about 14,000 veterans. While most veterans receive appropriate care at this facility, medical errors and negligence can occur even at established VA medical centers.

If medical malpractice occurs at Beckley VA Medical Center, veterans have legal rights under the Federal Tort Claims Act (FTCA). However, these cases require specialized knowledge of both medicine and federal law. Our firm is led by a licensed physician-attorney, so we offer unique medical and legal expertise for VA malpractice claims. We help veterans understand the clinical and legal sides of their cases.

The VA Medical Center, located at 200 Veterans Avenue in Beckley, West Virginia, is a full-service healthcare facility. It provides comprehensive medical care to veterans in the region. The facility offers a wide range of specialty services including cardiology, audiology, dermatology, gastroenterology, and women's health services, alongside 24/7 emergency care capabilities.

Desmond McMullan oversees Beckley VA Medical Center's departments and programs, which serve the diverse healthcare needs of West Virginia veterans. The facility plays a vital role in the VA healthcare network, serving as the primary VA medical center for veterans in the southeastern portion of the state.

A 2022 VA Office of Inspector General inspection identified needed improvements in specialty care management and administrative processes at the facility.

• Emergency Room Errors: Given the facility's 24/7 emergency department, mistakes can occur during urgent care situations. Common issues include delayed treatment, misdiagnosis of serious conditions, and failure to properly monitor patients. Learn more about emergency room malpractice →

• Surgical Errors: Surgical mistakes at Beckley VA can include wrong-site surgery, post-operative complications, or anesthesia errors. These errors often result from communication breakdowns or procedural violations. Learn more about surgical malpractice →

• Diagnostic Errors: Delayed or missed diagnoses, particularly in specialties like cardiology and gastroenterology, can lead to serious harm. These errors often stem from rushed examinations or failure to order appropriate tests. Learn more about misdiagnosis →

• Medication Errors: Mistakes in prescribing, dispensing, or administering medications can cause severe complications. VA systems may be particularly vulnerable due to high patient volumes and complex medication regimens.

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 at Beckley VA Medical Center. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office serving West Virginia.

The law imposes strict deadlines for filing claims. Veterans must submit their administrative claim within two years of when they knew or should have known about the malpractice. After filing, the VA has six months to investigate and respond to the claim. If the claim is denied or the six-month period expires without a response, veterans have six months to file a federal lawsuit.

It's crucial to include all relevant medical documentation and evidence with your initial claim. The information provided must clearly establish both the medical negligence and resulting damages. Missing deadlines or failing to provide adequate documentation can result in claim denial.

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

While West Virginia state law typically imposes a two-year statute of limitations for medical malpractice cases (W. Va. Code § 55-7B-4), FTCA claims against Beckley VA Medical Center follow federal timelines. However, West Virginia's Medical Professional Liability Act may influence how damages are calculated in FTCA cases, particularly regarding non-economic damages.

These claims must be pursued in federal court rather than state court, but certain aspects of West Virginia malpractice law may still apply. For detailed information about state-specific considerations, visit our West Virginia VA medical malpractice guide.

You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel. This must include detailed documentation of the medical negligence and resulting damages. Our physician-attorney team can help ensure your claim is properly documented and filed.

You have two years from the date you discovered (or should have discovered) the malpractice to file your administrative claim. Missing this deadline typically bars you from pursuing compensation.

Can I sue Beckley VA Medical Center directly?

No, you cannot sue the facility directly. Claims must be filed under the Federal Tort Claims Act (FTCA) against the United States government, not the individual facility or healthcare providers.

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

Compensation may include medical expenses, lost wages, pain and suffering, and other damages related to the malpractice. However, punitive damages cannot be recovered under the FTCA.

Do I need a West Virginia attorney for my Beckley VA Medical Center claim?

While not required, working with attorneys experienced in both medicine and federal law significantly improves your chances of success. VA malpractice claims involve complex federal procedures and medical evidence.

What if the VA denies my initial claim?

If your administrative claim is denied, you have six months to file a federal lawsuit. Working with experienced FTCA attorneys becomes crucial at this stage to navigate federal court procedures.

We also handle medical malpractice cases at these West Virginia facilities:

• Hershel "Woody" Williams VA Medical Center (Huntington) →
• Louis A. Johnson VA Medical Center (Clarksburg) →
• Martinsburg VA Medical Center (Martinsburg) →

If you've experienced medical negligence at the Beckley VA Medical Center in Beckley, West Virginia, you have the right to pursue compensation through the Federal Tort Claims Act (FTCA). This specialized process allows veterans and their families to seek justice when VA healthcare providers fail to meet the standard of care.

It's crucial to understand that FTCA claims have strict deadlines. You must file your claim within two years of when you knew (or should have known) about the injury and its cause. Once you file your administrative claim using Standard Form 95, the VA has six months to investigate and respond. Only after this administrative process can you file a federal lawsuit if necessary.

For cases involving the Beckley VAMC, 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 unique combination of medical and legal expertise helps establish the critical connection between negligent care and your injuries.

Through an FTCA claim, you may be eligible to recover various types of damages. These can include compensation for additional medical expenses, lost wages and earning capacity, and pain and suffering. For veterans' families pursuing wrongful death claims, damages may also include funeral expenses and loss of companionship.

Remember that every case involving the Beckley VA Medical Center is unique. Your specific circumstances, including the severity of injury, impact on daily life, and long-term consequences, will determine the potential compensation. Working with an experienced attorney can help ensure all damages are properly documented and pursued.

Don't let uncertainty about the legal process prevent you from seeking justice. Many attorneys who handle VA medical malpractice cases offer free initial consultations to evaluate your claim. During this consultation, you can learn about your legal options without any financial obligation. If you or a family member has suffered harm while receiving care at the Beckley VAMC, consider reaching out to a qualified attorney who can review your case and guide you through the FTCA process.

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

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