In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice. If it is a "judgment call" by the doctor, there is no malpractice, even if the doctors made the wrong call. Also, there will be questions as to whether the statute of limitations has expired. Other questions are whether the bulla mass caused your father's death and whether any action on the part of the VA doctors would have made any difference. You will need to get copies of ALL of your father's medical records and have a doctor review them. These case are difficult, time-consuming and expensive. They will fight this all the way.
Answered on Sep 25th, 2013 at 9:30 AM