Yes — veterans and their families can sue the VA for medical malpractice, but not directly. Claims against VA hospitals are brought under the Federal Tort Claims Act (FTCA), a federal law that allows people injured by the negligence of federal employees — including VA doctors, nurses, and staff — to seek compensation from the United States government.
The short version: You cannot walk into federal court and file a lawsuit against the VA on day one. The FTCA requires an administrative claim first — typically a Standard Form 95 — submitted to the VA’s Office of General Counsel. Only after that claim is denied, or six months pass without a decision, can a lawsuit be filed in federal district court under 28 U.S.C. § 2675.
Why this differs from a normal malpractice case:
- The defendant is the United States government, not an individual doctor
- There’s a mandatory administrative claim step before any lawsuit
- Cases are decided by a federal judge, not a jury
- Damages are generally capped by the dollar amount (“sum certain”) stated on the original SF-95
If you believe you or a family member were harmed by negligent care at a VA facility, understanding this process — and the strict deadlines attached to it — is the first step. Our VA & military medical malpractice practice walks through what these claims typically involve, and our FAQ page answers many of the specific questions veterans ask us most often.
If you, or a loved one, have been injured by a VA healthcare provider, or VA facility, you may be entitled to compensation. Contact our office and schedule a free consultation.