A Philadelphia Veterans' Affairs (VA) hospital is being accused medical malpractice after giving 92 veterans incorrect doses of radiation to treat prostate cancer and for continuing treatments for a year even though monitoring equipment at the hospital was broken.

Brachytherapy patients' injuries

Ninety-two veterans at the VA Medical Center in Philadelphia undergoing prostate cancer treatments with brachytherapy, a procedure where implanted radioactive seeds are used to kill cancer cells, were given incorrect doses of radiation over a six year period. According to an article in the New York Times, 92 of 116 patients were either given too little radiation or too much radiation that affected other tissues and organs. The hospital has since suspended its prostate cancer treatment program and was inspected by the Nuclear Regulatory Commission (NRC) last fall.

The NRC found that 57 patients received too little radiation and 35 patients received too much radiation. The hospital has since terminated the employment of Gary Kao, an oncologist who was involved in nearly all of the cases.

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Pursuing an FTCA claim

Any veteran can pursue an FTCA claim against the VA or file a lawsuit in order to seek compensation for an injury caused by medical negligence. In those cases where an injury causes the death of a veteran, any family member, or in some cases even a friend who would be qualified to bring such a lawsuit under state law, would be allowed to proceed on behalf of the deceased veteran, themselves or the veteran’s estate.

VA medical malpractice attorneys

VA medical malpractice falls under the Federal Tort Claims Act (FTCA) and can be a procedural nightmare for attorneys who don’t regularly practice in this area of law. Lawyers who represent veterans injured by medical negligence need to understand a variety of issues such as medicine and surgery, the law applicable to medical malpractice, the policies of the VA’s and Justice Department’s claims processing systems, the procedures of federal courts and above all, the intricate process of the FTCA's administrative process.

If you've been injured due to VA medical negligence, contact an experienced VA attorney who understands how the FTCA works to discuss your situation and evaluate your options.

Been injured at VA Hospital due to medical negligence? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. [Sponsored Link]