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How to Sue the VA for Medical Malpractice
If you were injured by negligent medical care at a VA hospital or clinic, you may be wondering whether you can sue the VA. In many cases, the legal claim is brought under the Federal Tort Claims Act. The lawsuit is technically against the United States, not the individual VA facility or doctor. The process…
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Federal Prisoners and the Federal Tort Claims Act (FTCA)
The Federal Tort Claims Act (FTCA) is the primary vehicle through which federal prisoners can sue the United States government for negligent or wrongful acts committed by federal employees. In the context of federal prisoners, claims under the FTCA can commonly include medical malpractice or negligence. This blog post will discuss the complicated history federal…
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Mazor Medtronic Surgical Robot Malfunctions: What Injured Patients Need to Know
What Is the Mazor Medtronic Surgical Robot? The Mazor X and Mazor X Stealth Edition are robotic guidance systems manufactured by Medtronic, which acquired Mazor Robotics in December 2018 for $1.7 billion. Marketed as a precision tool for spinal surgery, the system is designed to guide surgeons during the placement of pedicle screws and other…
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Gulf War Illness Gets Medical Recognition, But VA Benefits Lag Behind
“This is more than just a code. This is long-overdue validation for the suffering of the quarter-million afflicted veterans — and a formal acknowledgment that their illness is real, physical and service-related.” – Beatrice Golomb, M.D., Ph.D., Professor of Medicine at University of California San Diego School of Medicine More than three decades after the…
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$200,000 Settlement: Virginia Nursing Home Pressure Ulcer Case
Our firm recently secured a $200,000 settlement for an 80-year-old man who developed severe, preventable pressure ulcers while recovering at a Virginia rehabilitation facility following orthopedic surgery. After undergoing surgery for a left elbow fracture, our client was admitted to a skilled nursing facility for post-operative care without any pressure ulcers and was assessed as…
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Virginia’s Most Vulnerable Left to Die: When State-Licensed Care Facilities Fail
A devastating report from the Disability Law Center of Virginia reveals that dozens of people with intellectual and developmental disabilities died in state-licensed facilities after staff failed to provide basic life-saving care. The report examined 181 unexpected deaths and found patterns of negligence Virginia authorities have known about for years.The Failures Were SystematicIn 46 cases,…
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The Six-Month Letter: Navigating the VA’s Administrative Claims Process Before You Can Sue
Before any veteran can file a lawsuit against the VA for medical malpractice, they must file an administrative claim using Standard Form 95. The VA then has six months to investigate and respond. This mandatory administrative process is supposed to allow the government to resolve claims without litigation. In practice, it’s six months of waiting…
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What Your Doctor Didn’t Tell You: Informed Consent Failures in Virginia Medical Practice
Informed consent cases represent a subtle but important category of Virginia medical malpractice. These claims aren’t about whether a physician performed a procedure competently. They’re about whether patients received enough information to make meaningful decisions about their own medical care.Virginia law requires physicians to obtain truly informed consent before procedures carrying significant risks. That means…
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VA’s Secret List: Why Veterans Deserve to Know What Toxic Exposures Are Under Review
Senator Richard Blumenthal introduced legislation highlighting a troubling reality: the VA studies toxic exposure illnesses behind closed doors, leaving veterans in the dark about whether their conditions are even under consideration.The CLARITY Act would require the VA to establish a public website showing which toxic exposure conditions the agency is studying. Currently, no such transparency…
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Not All VA Doctors Work for the VA: The Scope of Employment Problem in Military Medical Malpractice
One of the most confusing aspects of military and VA medical malpractice is determining who actually qualifies as a federal employee covered by the Federal Tort Claims Act. Veterans and military families reasonably assume that everyone providing care at VA hospitals or military treatment facilities works for the federal government. That assumption can be wrong,…
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The Elizabeth Dole Act: What Veterans Need to Know About Faster Access to Community Care
In early 2025, the 21st Century Veterans Healthcare and Benefits Improvement Act (“Elizabeth Dole Act”) went into effect. The Act brings significant changes to how veterans can access care outside the VA system. Among the most important updates is the removal of the requirement for a second review of a clinician’s decision to refer a…
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A Fast Resolution for a Client’s Changing Priorities – FTCA Claim Resolves for $400,000
When priorities change for our clients, it matters to us too. Here at Rawls Law Group, we handle FTCA claims against the VA from start to finish on a constant and regular basis, and we have been doing so for decades. Naturally, we know better than anyone that navigating FTCA claims is usually not a…