When negligent VA care causes a veteran’s death, surviving family members may be able to bring a wrongful death claims under the FTCA. Few situations are more painful for a family than a wrongful death, and understanding the process, even in outline, can make an already difficult time slightly less disorienting.
Who can typically bring the claim: Under the FTCA, wrongful death claims generally follow the wrongful death law of the state where the negligent care occurred. That state’s law determines who has standing to bring the claim (often a surviving spouse, children, or the personal representative of the estate) and how survivors divide any recovery.
What the claim generally needs to establish:
- That a VA provider’s care fell below the accepted standard of care
- That this deviation directly caused the death (rather than merely contributing in a way unrelated to the ultimate outcome)
- The financial and non-financial losses the survivors suffered, which can include lost financial support, loss of care and guidance, and loss of companionship, depending on state law
The process follows the same basic FTCA structure as any other VA malpractice claim. First, you file an SF-95 administrative claim within the two-year deadline. If the VA denies the claim or fails to respond within six months, you then have the option to file suit.
If your family is considering this process, our VA & military malpractice page offers more information, and our FAQ page answers several related questions families commonly ask.
If a VA healthcare provider or VA facility has injured you or a loved one, you may be entitled to compensation. Contact our office and schedule a free consultation.