VA, Military & Federal Medical Malpractice Lawyers
Can a veteran sue the VA for medical malpractice?
Yes. If you were injured by negligent treatment at a VA medical center or clinic, you can file a claim against the federal government under the Federal Tort Claims Act (28 U.S.C. § 1346(b)). To sue the VA, you have to submit an administrative claim to the VA using Standard Form 95, and it must be filed within two years of the date your claim accrues (28 U.S.C. § 2401(b)). If you miss that two-year window, you will almost certainly lose the right to recover. Because the administrative claim shapes everything that follows, it’s wise to consult an attorney experienced in VA medical malpractice and Federal Tort Claims Act cases before you file. Small mistakes on the Standard Form 95 can be costly.
At Rawls Law Group, VA medical malpractice and Federal Tort Claims Act cases are our focus. Our team has substantial experience handling FTCA medical malpractice claims across the country, and our staff includes veterans of the United States military. We understand the needs of veterans, service members, military families, and patients who have been harmed by negligent care in federal healthcare settings. We offer free, confidential VA medical malpractice consultations. Contact our office today and connect with our team!
Choosing the right attorney is critical when dealing with the federal government.
Rawls Law Group represents patients and families nationwide in medical malpractice claims involving federal healthcare providers. These cases often arise from negligent care at VA hospitals and clinics, military medical facilities, Indian Health Service facilities, and other federally supported healthcare providers.
Claims against the federal government are different from ordinary medical malpractice cases. They often involve the Federal Tort Claims Act, strict administrative claim requirements, federal deadlines, and complicated questions about which law applies. Choosing the right attorney is critical.
At Rawls Law Group, medical malpractice is our focus. Our team has substantial experience handling FTCA medical malpractice claims across the country, and our staff includes veterans of the United States military. We understand the needs of veterans, service members, military families, and patients who have been harmed by negligent care in federal healthcare settings.
VA Hospital and Clinic Malpractice Claims
Veterans and their families place significant trust in VA hospitals, VA clinics, and VA healthcare providers. When negligent medical care at a VA facility causes serious injury or death, the injured patient or family may have a claim under the Federal Tort Claims Act.
VA medical malpractice cases can involve delayed diagnosis, failure to diagnose cancer, surgical errors, emergency-room negligence, medication mistakes, radiology errors, infection and sepsis, stroke mismanagement, nursing failures, mental health failures, suicide-related claims, and failures to follow up on abnormal test results.
Military Hospital and Clinic Malpractice Claims
Medical negligence can also occur at military hospitals and clinics. These cases may involve care provided to retirees, military dependents, veterans, servicemembers, or other eligible patients. Claims involving active-duty servicemembers can raise additional legal issues and require careful review.
Rawls Law Group evaluates military medical malpractice claims involving serious injury or death and helps clients understand whether they may have a claim under the FTCA, the Military Claims Act, or another legal process.
Indian Health Service Medical Malpractice Claims
Rawls Law Group also represents patients in medical malpractice claims involving Indian Health Service facilities and other covered federal healthcare providers. These claims are often governed by the FTCA and require careful attention to federal administrative claim procedures, deadlines, and the proper party to sue.
Federally Supported Healthcare Facilities
Some medical malpractice claims arise from care at federally supported healthcare centers or other covered providers. These cases can be confusing because the facility may look like a local clinic, but the legal claim may need to be brought under federal law. We investigate whether the negligent provider was covered by the FTCA and what legal process applies.
How FTCA Medical Malpractice Claims Work
Before filing an FTCA lawsuit, the injured person generally must present an administrative claim to the appropriate federal agency. This is often done using Standard Form 95. The claim must identify the basis for the claim and state a specific amount of money damages sought.
The agency then has time to review the claim. If the agency denies the claim, or if it does not make a final decision within the time allowed by law, the injured person may be able to file a lawsuit in federal court.
FTCA Deadlines Are Strict
FTCA medical malpractice claims have strict deadlines. In general, an administrative claim must be presented to the appropriate federal agency within two years after the claim accrues. If the agency denies the claim, there is generally a separate six-month deadline to file suit.
These deadlines can be complicated, especially when the patient did not immediately know that malpractice occurred. Anyone who suspects negligent federal medical care should contact an attorney as soon as possible.
Federal Employee vs. Contractor Issues
One of the traps in VA, military, and federal medical malpractice cases is determining whether the negligent provider was a federal employee or a contractor. The FTCA generally applies to federal employees acting within the scope of employment. If the provider was an independent contractor, different rules may apply.
This issue can be critical. A single medical event may involve both federal employees and contractors. Rawls Law Group investigates provider status early so clients understand the correct legal path.
Nationwide FTCA Medical Malpractice Representation
Although our offices are in Virginia, Rawls Law Group handles FTCA medical malpractice claims nationwide. We represent veterans, servicemembers, military families, Native patients, Alaska Native patients, and other patients in cases involving VA facilities, military medical facilities, Indian Health Service facilities, and federally supported healthcare providers across the country.
Case Types We Handle
*Please note this is not an exhaustive list.
If you have been injured by a VA, military, IHS, or federally funded healthcare provider, you may be eligible for compensation. Claims against the federal government can be daunting; let our experienced team manage the hassle. Contact our office today to schedule a free and confidential consultation.
Where We Handle VA, Military, IHS, and Federal Medical Malpractice Claims
Rawls Law Group represents clients nationwide in medical malpractice claims involving VA hospitals and clinics, military hospitals and clinics, Indian Health Service facilities, and federally supported healthcare providers. Our work is not limited to any particular facility, city, state, or region.
Our Virginia-based work has involved major healthcare systems and federal facilities, including matters involving VCU Health, HCA facilities, Bon Secours facilities, Sentara facilities, Hunter Holmes McGuire VA Medical Center, Hampton VA Medical Center, and Salem VA Medical Center. We also handle FTCA medical malpractice claims arising from federal healthcare facilities across the country.
If you have been injured by a VA, military, IHS, or federally funded healthcare provider, you may be eligible for compensation. Claims against the federal government can be daunting; let our experienced team manage the hassle. Contact our office today to schedule a free and confidential consultation.
FAQs
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Can I sue the VA for a missed or delayed blood cancer diagnosis?
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Yes, if VA providers missed or failed to monitor a blood cancer or a pre-cancerous blood condition, such as leukemia, lymphoma, multiple myeloma, or MGUS, and the disease progressed because of the delay. The claim is brought against the United States under the FTCA.
Blood cancers often show up first in routine lab work, so these cases frequently involve results that were seen but never acted on. Common problems include:
- Abnormal blood counts, such as unexplained anemia or a high white cell count, with no further testing or hematology referral.
- A pre-cancerous condition like MGUS (monoclonal gammopathy of undetermined significance) that was diagnosed but never monitored as it progressed to multiple myeloma.
- Bone pain, fatigue, kidney problems, swollen lymph nodes, or night sweats that were not evaluated together.
- Lab results ordered by one provider and never reviewed by anyone.
Many blood cancers are presumptive conditions for veterans. Agent Orange includes chronic B-cell leukemias, multiple myeloma, Hodgkin’s disease, and non-Hodgkin’s lymphoma (Miami County, Ohio Veterans Services), and the PACT Act added MGUS. In January 2025, VA also added leukemias, multiple myeloma, and myelodysplastic syndromes to the burn pit presumptive list (UPI). Rawls Law Group obtained a $325,000 FTCA settlement for a failure to diagnose multiple myeloma. If your blood cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed liver cancer diagnosis?
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Yes, if you were at high risk for liver cancer and the VA failed to screen you, or ignored abnormal imaging or lab results, and the cancer advanced during the delay. The claim is brought against the United States under the FTCA.
Liver cancer is hard to treat once symptoms appear, which is why patients with certain conditions need regular surveillance, typically an ultrasound, often with a blood test, about every six months. High-risk conditions include cirrhosis from any cause, chronic hepatitis B, and hepatitis C with advanced liver scarring. Common problems include:
- A veteran with cirrhosis or chronic hepatitis who never received surveillance imaging.
- A liver lesion seen on imaging with no follow-up scan or referral.
- A rising tumor marker (AFP) that no one acted on.
- Abnormal liver tests blamed on alcohol or medication without further workup.
Liver cancer is a presumptive condition for veterans exposed to contaminated water at Camp Lejeune (PACT Act summary). If your liver cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed melanoma diagnosis?
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Yes, if a VA provider failed to biopsy a suspicious mole or lesion, misread the pathology, or delayed treatment, and the melanoma spread as a result. The claim is brought against the United States under the FTCA.
Melanoma can spread quickly once it grows deeper into the skin, so timing matters. Common problems in these cases include:
- A changing, bleeding, or irregular mole that a provider dismissed without a biopsy or dermatology referral.
- A biopsy that was misread as benign.
- Positive biopsy results that were never communicated to the veteran.
- Incomplete removal of a melanoma with no follow-up surgery.
Melanoma is among the cancers the PACT Act made presumptive for veterans with qualifying burn pit exposure (VA disability guide). Rawls Law Group recovered $300,000 for the widow of an Army veteran after a missed diagnosis of metastatic skin cancer. If your melanoma diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed bladder cancer diagnosis?
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Yes, if VA providers failed to evaluate blood in your urine or other warning signs, and the bladder cancer grew or spread because of the delay. The claim is brought against the United States under the FTCA.
Blood in the urine (hematuria) is the classic early warning sign of bladder cancer, especially in older adults and people who smoke. The most common failure is treating it as a urinary tract infection or kidney stone without a proper workup, such as imaging and a cystoscopy to look inside the bladder. Other problems include:
- Blood found on a routine urine test that no one followed up on.
- Repeated “UTIs” treated with antibiotics without investigating the cause.
- A urology referral that was ordered but never completed.
- Abnormal urine cytology or imaging results that were not acted on.
Bladder cancer matters especially for veterans. The PACT Act added it as a presumptive condition for Agent Orange exposure, and it is also presumptive for veterans exposed to contaminated water at Camp Lejeune (PACT Act summary). In January 2025, VA added urinary bladder cancer to the burn pit presumptive list for Gulf War and post-9/11 veterans (UPI). If your bladder cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed prostate cancer diagnosis?
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Yes, if VA providers ignored a rising PSA level, failed to refer you to a urologist, or delayed a biopsy, and the cancer spread beyond the prostate as a result. The claim is brought against the United States under the FTCA.
Prostate cancer usually grows slowly, so the strongest cases involve a long delay or a missed sign of aggressive disease. Common problems include:
- A PSA that rose over several tests without anyone acting on it.
- An abnormal PSA or rectal exam with no urology referral, or a referral that was never scheduled.
- Biopsy results that were never reviewed with the veteran.
- Bone pain or urinary symptoms that were not evaluated for cancer.
Prostate cancer is a presumptive condition for veterans exposed to Agent Orange (Miami County, Ohio Veterans Services). Rawls Law Group has handled VA prostate cancer cases, including a $210,000 settlement for a veteran whose prostate cancer went undiagnosed for more than a year at the Palo Alto VA Medical Center. If your prostate cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed lung cancer diagnosis?
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Yes, if a VA radiologist misread a chest X-ray or CT scan, or VA providers failed to follow up on a lung nodule or other abnormal finding, and the cancer spread during the delay. The claim is brought against the United States under the FTCA.
Missed follow-up is one of the most common problems we see. A CT scan done for another reason, such as chest pain or a kidney stone, shows a small lung nodule. The radiologist recommends a repeat scan in a few months, but no one orders it or tells the veteran. By the time the cancer is found, it has spread.
Other common problems include:
- No annual low-dose CT screening for an eligible veteran. Screening is recommended for adults ages 50 to 80 with a 20 pack-year smoking history who still smoke or quit within the past 15 years.
- A persistent cough, coughing up blood, or unexplained weight loss blamed on a cold or COPD.
- A chest X-ray read as normal when it showed a mass.
Many veterans have toxic exposures linked to lung cancer. Respiratory cancers are presumptive conditions for Agent Orange exposure, and the PACT Act added respiratory cancer of any type for burn pit exposure (Miami County, Ohio Veterans Services; PACT Act summary). If your lung cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
