Legal expert: class action lawsuit against VA unlikely - CBS46 News

Legal expert: class action lawsuit against VA unlikely

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While many veterans are frustrated with the Veterans Affairs system, a legal expert said he does not see a class action of veterans coming together to sue the agency.

Jess Davis, a medical malpractice attorney, said a class action requires the plaintiffs to share certain common harms. Davis said each veteran's medical case varies and must be analyzed individually.

"You have to look and see what was going on with that specific veteran," said Davis. "What was the nature of the care needed? What was the harm caused by the failure to get that care? Then, you may have a viable malpractice case or you may not."

Davis' comments come as the FBI opened a criminal investigation into the VA. The FBI director said the probe is being led by the agency's office in Phoenix, AZ.

Congress is also taking action. The U.S. House and Senate have now passed legislation that would ease wait times for veterans who need medical care. It would allow veterans to go to local doctors and the VA would cover the cost.

Davis said a veteran or a family that is considering a lawsuit against the VA should be thoughtful in making such a decision.

"The fact that the VA has admitted the system needs to be overhauled does not mean there is a flood of viable medical malpractice cases out there," said Davis. "It just doesn't."

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