Medical Malpractice at
Martinsburg VA Medical Center

The Martinsburg VA Medical Center serves as a critical healthcare hub for over 129,000 veterans across West Virginia, Maryland, Virginia, and Pennsylvania. This comprehensive medical facility offers primary care, cardiology, mental health, and surgical services, playing a vital role in veteran healthcare throughout the region.

While most veterans receive appropriate care at this facility, medical errors and negligence can occur even at established institutions like the Martinsburg VA Medical Center. When veterans suffer harm due to medical negligence, they have legal rights under the Federal Tort Claims Act (FTCA) to seek compensation for their injuries.

As both a licensed physician and attorney, our firm's founder brings unique medical and legal expertise to VA medical malpractice cases. This doctor-attorney insight allows us to thoroughly evaluate potential claims against the Martinsburg VA Medical Center and effectively advocate for veterans who have experienced substandard care.

Originally established in 1944 as the Newton D. Baker VA Hospital, the Martinsburg VA Medical Center has grown into a comprehensive healthcare facility serving veterans across four states. The medical center maintains 27 primary care teams and provides a full spectrum of medical services through its main campus in Martinsburg, West Virginia.

The facility offers critical specialized services including addiction treatment, audiology, cardiology, critical care, dental services, and dermatology. Their 24/7 emergency department provides urgent care access for veterans throughout the region, while specialized programs support specific veteran populations through women's health services and caregiver support programs.

The Martinsburg VA Medical Center is a primary VA healthcare facility in West Virginia and plays an essential role in the VA healthcare network. Director Kenneth Allensworth leads the center's coordination with VA facilities and community providers to deliver comprehensive veteran healthcare.

• Surgical Errors: Surgical mistakes, such as improper technique, wrong-site surgery, or post-operative complications, can occur at the Martinsburg VA Medical Center given the range of surgical procedures performed there. These errors often result from communication breakdowns or inadequate pre-surgical planning. Learn more about surgical error claims →

• Emergency Department Mistakes: The 24/7 emergency department handles urgent veteran care, but rushed diagnoses or delayed treatment can lead to serious harm. Overcrowding and staffing shortages may contribute to these errors. Learn more about emergency room error claims →

• Diagnostic Errors: Misdiagnosis or delayed diagnosis in specialties like cardiology and critical care can have severe consequences. These errors often stem from inadequate testing or failure to properly evaluate symptoms. Learn more about misdiagnosis claims →

• Medication Errors: Mistakes in prescribing, dispensing, or administering medications can cause serious harm. These errors are concerning because many veterans receiving care at this facility have complex medical needs.

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 Martinsburg VA Medical Center. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office.

The FTCA imposes strict deadlines for filing claims. Veterans must submit their administrative claim within two years of discovering the medical negligence. Once filed, the VA has six months to review and respond to the claim. If the claim is denied or the review period expires without a decision, veterans have six months to file a federal lawsuit.

For claims involving the Martinsburg VA Medical Center, file administrative claims with the VA Regional Counsel office responsible for West Virginia. Working with an experienced VA medical malpractice attorney ensures proper filing and compliance with all FTCA requirements.

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

The FTCA governs VA facility claims, but West Virginia state law affects specific medical malpractice case aspects. West Virginia's Medical Professional Liability Act (W. Va. Code § 55-7B-1) establishes standards of care and damage calculations that may affect FTCA claims at Martinsburg VA Medical Center.

Damage caps and requirements for medical expert testimony in West Virginia can impact claim valuation and case strategy. For detailed information about how West Virginia law affects VA medical malpractice claims, visit our comprehensive guide: Military & VA Medical Malpractice in West Virginia →

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

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

If you've experienced medical negligence at the Martinsburg VA Medical Center in West Virginia, you have the right to pursue a claim under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines and procedures you must follow. You have two years from the date of the negligent incident to file your administrative claim using Standard Form 95. Once filed, the VA has six months to investigate and respond to your claim before you can proceed with a lawsuit in federal court.

When dealing with medical malpractice at the Martinsburg VA, 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 healthcare providers. Their unique combination of medical and legal expertise helps build compelling evidence for your claim and increases your chances of a successful outcome.

Through an FTCA claim against the Martinsburg VA Medical Center, you may be eligible to recover various damages. These can include past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For veterans and their families, recoverable damages may also include costs for long-term care, medical equipment, and modifications to your home if needed due to disability resulting from the negligent care.

If you or a family member has experienced substandard care at the Martinsburg VA Medical Center, it's crucial to have your case evaluated as soon as possible. Many law firms that specialize in VA medical malpractice offer free, confidential case evaluations to help you understand your rights and options. During this evaluation, an experienced attorney can review your medical records, explain the FTCA process specific to your situation, and help determine if you have a viable claim. Don't let concerns about legal fees prevent you from seeking justice - most firms handle VA medical malpractice cases on a contingency fee basis, meaning you pay nothing unless they recover compensation for you.

Remember, time is critical in these cases, and delay could jeopardize your right to compensation. Contact a qualified attorney today to protect your rights and begin the process of holding the VA accountable for any negligent care you received.

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 →