VA Medical Malpractice (1151) Case

Claims filed under 38 U.S.C. § 1151 (commonly known as "1151 Claims") are among the most difficult VA disability cases to win. These claims allow veterans to seek compensation when they are injured, or a pre-existing condition is worsened, as a result of VA medical treatment, surgery, hospitalization, or vocational rehabilitation.

However, the VA does not grant 1151 claims simply because a bad outcome occurred. To win, you must prove medical malpractice.

To succeed in a 38 U.S.C. § 1151 claim, the veteran must establish two critical medical facts:

1. **Breach of Standard of Care (Negligence):** The VA medical provider was careless, negligent, lacked proper skill, or made an error in judgment that a competent provider would not have made.

2. **Proximate Cause:** The specific negligence directly caused the new injury or worsened the existing condition.

Proving these elements requires highly specialized medical evidence. The VA will rely on its own medical examiners, who are often reluctant to testify against the agency or their colleagues.

Our licensed clinicians provide the objective, expert Independent Medical Opinions (IMOs) required to counter the VA's internal assessments. We conduct a forensic review of your VA medical records to identify deviations from accepted medical standards.

When we accept a case, our documentation explicitly addresses the legal requirements of an 1151 claim:

It is important to note that an 1151 claim is a claim for VA disability benefits, not a lawsuit. While veterans can sometimes pursue both an 1151 claim and a lawsuit under the Federal Tort Claims Act (FTCA), our focus is entirely on providing the medical nexus evidence required for the VA benefits side of the process.

If you have suffered an unexpected injury, surgical complication, or worsened condition due to VA healthcare, professional medical advocacy is essential. Our IMOs level the playing field, providing the independent medical authority needed to hold the VA accountable through the § 1151 process.

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