VA Medical Malpractice (1151) Case
Expert Independent Medical Opinions (IMOs) for VA 1151 claims. Establish negligence and proximate cause for injuries resulting from VA medical malpractice.
What is a VA Medical Malpractice (1151) Case?
A VA 1151 Claim, governed by 38 U.S.C. § 1151, allows veterans to receive disability compensation for additional injuries, aggravated conditions, or death resulting from VA medical care, surgery, or VA-sponsored training. Unlike standard service connection, a successful 1151 claim requires proving that the VA's medical care was careless, negligent, or lacked proper skill, and that this negligence proximately caused the injury. Because these claims hinge on complex legal and medical standards, an Independent Medical Opinion (IMO) from a private physician is often the critical piece of evidence needed to establish that the VA breached the standard of care.
Overview
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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While no medical opinion can guarantee a specific VA outcome, our mission is to ensure your documentation is clear, credible, and professionally prepared — giving your claim the best possible foundation for success.
What's Included
Comprehensive review of VA and private medical records to assess negligence or fault under §1151 criteria.
Causation and timeline analysis to link the injury or worsening condition to VA medical treatment
Identification of missing or weak documentation and guidance on strengthening medical evidence.
Written Summary and Medical Opinion
Pricing at a Glance
All claim theories (presumptive, direct, secondary) included in a single letter at internist/specialist level.
Frequently Asked Questions
A VA 1151 Claim (based on 38 U.S.C. § 1151) is a type of disability claim for veterans who suffer an additional disability, or the aggravation of an existing injury, as a result of VA medical treatment, surgery, or vocational rehabilitation. It compensates veterans for injuries caused by VA medical malpractice or negligence.
You must prove that the VA provided care that was careless, negligent, lacked proper skill, or was an error in judgment, AND that this specific failure proximately caused your injury or worsened condition. You cannot win simply because a procedure was unsuccessful; you must prove the standard of care was breached.
Because 1151 claims require proving that VA doctors committed malpractice, relying solely on VA examiners is rarely successful. An IMO from a private, independent clinician provides the objective, expert medical rationale needed to establish that the VA breached the standard of care and caused your injury.
Yes, it is possible to pursue both an 1151 claim for disability benefits and a lawsuit under the Federal Tort Claims Act (FTCA) for damages. However, if you win both, the VA will offset your 1151 monthly benefits until the amount of the FTCA settlement or judgment is recouped. We focus solely on the medical evidence needed for the 1151 disability claim.
Injuries compensated under 38 U.S.C. § 1151 are treated 'as if' they were service-connected for the purposes of paying disability compensation and granting related benefits. However, they are technically considered 'Section 1151' disabilities, not direct service connection.
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Board-certified physician-authored nexus letters establishing the medical connection between your current disability and military service, written in VA-compliant language with evidence-based rationale.
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