Can a Veteran Sue the VA for Medical Malpractice?
Yes. If negligent treatment at a VA medical center or clinic injured you, 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 must first submit an administrative claim to the VA on Standard Form 95, and you must file it within two years of the date your claim accrues (28 U.S.C. § 2401(b)).
Federal law treats these claims differently from ordinary state medical malpractice claims. Before suing, the injured person generally must submit an administrative claim to the Department of Veterans Affairs within two years of the date of injury. Once you file the claim, the VA has six months to investigate (28 U.S.C. § 2675(a)). It requests the records, talks to the providers and consults its own medical reviewer, and it shares little with you along the way. In our experience, recent investigations have often taken 12 to 18 months (See our articles on What Happens After You File an SF-95? and The Six-Month Letter.).
If you miss that two-year window, you will almost certainly lose the right to recover. Because the administrative claim shapes everything that follows, you should 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 cost you.
Can Rawls Law Group Handle VA Medical Malpractice Claims Nationwide?
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 whom negligent care in federal healthcare settings has harmed. We offer free, confidential VA medical malpractice consultations. Contact our office today and connect with our team!
What Are Common VA Medical Malpractice Errors?
The VA malpractice cases we see most often involve delayed or missed diagnoses, especially of cancer; abnormal test results that nobody followed up on; surgical errors such as operating at the wrong spinal level or misplacing hardware; unsafe discharges; medication errors; and neglect in VA nursing homes. For many veterans, prior service puts them at risk for developing certain health conditions. When VA healthcare providers fail to order testing or provide needed medications, they put these at-risk veterans in dangerous situations.
- Delayed Diagnosis: A diagnosis that comes too late can turn a treatable illness into a fatal one. In one of our cases, the Long Beach VA read a veteran’s first two chest x-rays as normal despite her persistent symptoms, and it never ordered the CT scan that a third x-ray recommended. By the time a private hospital diagnosed her with tuberculosis, doctors could no longer save her life, and the case settled for $280,000. In another, a VA nurse practitioner allegedly missed abnormal labs, weight loss and long-running pain that pointed to multiple myeloma, and the case settled for $325,000. Learn more about delayed diagnosis and failure to diagnose cancer.
- Surgical Errors: Surgical claims often involve errors the government cannot defend as clinical judgment, such as wrong-site surgery, retained sponges or instruments, or damage to a nerve or organ outside the surgical field (Surgical Errors at VA Hospitals). In one of our cases, a VA neurosurgeon operated at the wrong spinal level and misplaced hardware, the VA admitted the error in an adverse event disclosure, and we secured a $350,000 settlement. In another, a surgeon at the Asheville VA placed a veteran’s wrist hardware incorrectly, causing repeated tendon tears, and we secured a $260,000 settlement.
- VA Nursing Home Neglect: In VA-run Community Living Centers (CLCs), the most common neglect claims involve bedsores from inadequate repositioning, mismanagement of medications, falls from poor supervision, and malnutrition or dehydration.
- Mismanagement of Mental Health Care: Veterans with PTSD and depression need consistent care. When providers end treatment too early or miss warning signs of suicide risk, the veteran may have a claim. Sending a veteran home without the support they need can be as dangerous as a surgical mistake.
Speaking up does not have to be difficult. If a VA healthcare provider injured you or a loved one, we offer free, confidential VA medical malpractice consultations. Contact our office today and connect with our team!
Section 1151 Benefits vs. an FTCA Claim: How Veterans Can Use Both After VA Malpractice
When VA care causes harm, veterans have two separate paths. The first is a disability claim under 38 U.S.C. § 1151, which the Veterans Benefits Administration decides. The second is a malpractice claim under the Federal Tort Claims Act, which starts with an administrative claim and can end in federal court. As we explain in Should I File a VA Medical Malpractice Claim or Focus on My VA Benefits?, the choice is usually not either/or.
A veteran whom VA medical care hurt can often pursue both a Section 1151 disability claim and a Federal Tort Claims Act (FTCA) malpractice claim for the same injury. The two systems pay for different things. However, if both pay out, federal law requires the VA to withhold future 1151 payments until the withheld amount equals the FTCA recovery.
Congress does not allow a veteran to collect twice for the same harm. Under 38 U.S.C. § 1151(b), once an FTCA judgment or settlement becomes final, the VA pays no further 1151 benefits for that disability until the total it withholds equals the amount of the FTCA recovery. As we explain in How Section 1151 Benefits Affect Your VA Malpractice Settlement, the offset has limits:
- It does not bar you from pursuing both claims. Many veterans pursue both, at different times.
- It does not touch unrelated VA disability ratings. The VA withholds only 1151 compensation for the same injury.
- It applies after the recovery becomes final, not while the FTCA claim is pending.
Should You File an 1151 or FTCA Claim First?
Many veterans ask whether they should file an 1151 or FTCA claim first. Three questions usually decide the order:
- How close is the two-year FTCA deadline? A pending 1151 claim does not pause the FTCA clock. Veterans who wait for an 1151 decision can lose their malpractice claim entirely. See The Two-Year Trap.
- How strong is the evidence of negligence? A clear medical error supports an FTCA claim. A murkier case, or an unforeseeable event such as an equipment failure, may fit 1151 better, because 1151 does not always require fault.
- Does the family need income now? 1151 pays monthly and often sooner. An FTCA claim takes longer but can produce a larger total recovery.
If VA care injured you or a loved one, contact Rawls Law Group for a free consultation. We handle FTCA malpractice claims against the VA nationwide, and we can help you plan how your claim fits with any 1151 benefits.
FAQs
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Does Rawls Law Group handle FTCA medical malpractice claims nationwide?
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Yes. Rawls Law Group represents clients nationwide in FTCA medical malpractice claims involving VA facilities, military medical facilities, Indian Health Service facilities, and other federally supported healthcare providers.
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What does it cost to hire Rawls Law Group for an FTCA case?
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Rawls Law Group handles medical malpractice cases on a contingency fee basis. In FTCA cases, attorney fees are limited by federal law and depend on whether the case resolves administratively or after suit is filed. We explain fees and case costs before representation begins.
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Do I need a lawyer in the state where the malpractice happened?
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Not necessarily. FTCA cases are federal claims, but they often depend on the medical malpractice law of the state where the negligent care occurred. Rawls Law Group handles FTCA medical malpractice claims nationwide and regularly works with the legal and medical issues that arise in cases across the country.
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What if the negligent provider was a contractor rather than a federal employee?
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This is an important issue. The FTCA generally applies to negligence by federal employees acting within the scope of employment. If the provider was an independent contractor, different rules may apply. Determining the provider’s status is often a critical part of evaluating an FTCA medical malpractice case.
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How does Rawls Law Group decide whether to take an FTCA medical malpractice case?
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We begin by learning what happened, identifying the facility and providers involved, and reviewing the available medical records. Some cases require review by medical experts before we can determine whether the standard of care was violated and whether that violation caused serious harm.
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Will filing a claim affect my VA benefits or medical care?
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Filing a claim should not be used as a basis to retaliate against a veteran or family member or interfere with medical care or benefits. Many veterans worry about this issue, and it is important to address it clearly.