FTCA Medical Malpractice FAQs
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Can active-duty servicemembers bring medical malpractice claims?
Sometimes, but these claims are legally complicated. Active-duty medical malpractice claims may be subject to restrictions that do not apply to veterans, dependents, or retirees. Rawls Law Group reviews these cases carefully to determine whether a claim may be available and what process applies.
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Can I sue for malpractice at a military hospital?
Some patients injured by negligent care at a military hospital or clinic may have claims under the FTCA. Claims involving active-duty servicemembers can raise additional legal issues and may involve a different administrative process. These cases require careful review.
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Can I sue a VA hospital or VA clinic?
You may be able to bring a claim if the negligent care was provided by a federal employee acting within the scope of employment. These cases have special rules, deadlines, and administrative requirements, so it is important to speak with a lawyer familiar with FTCA medical malpractice claims.
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Can I sue the VA for medical malpractice?
In many cases, yes. A patient injured by negligent care at a VA facility may have a claim under the Federal Tort Claims Act. Technically, the lawsuit is brought against the United States, not the individual VA hospital, doctor, nurse, or clinic.
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What is an FTCA medical malpractice claim?
An FTCA medical malpractice claim is a claim against the United States for negligent medical care provided by a federal employee or covered federal healthcare provider. These claims often involve care provided at VA hospitals and clinics, military medical facilities, Indian Health Service facilities, and federally supported healthcare centers.
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What if I have applied for, or am already receiving, “1151 benefits” for the same injury?
1151 benefits are a category of disability compensation similar to service-connected disability compensation, but for injuries caused by VA. However, VA cannot be made to pay twice for the same injury. Therefore, if you receive money through 1151 benefits and you later also receive money through an FTCA claim for the same injury, VA will…
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Do I need a local lawyer to file a claim against my local VA or military healthcare facility for malpractice?
No. While most medical malpractice claims are investigated locally, the persons responsible for settling serious malpractice claims are assigned to central offices, most of which are located in the Washington, D.C. area. Moreover, the United States cannot be sued in state court for medical malpractice. The suit must be brought in federal court under the…
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Is there a special process for suing the government?
Yes. First, our firm must submit a formal claim on your behalf to the government. This is done on a Standard Form 95 (SF95), along with a detailed medical narrative prepared by our firm. The SF95 and its attachments describe the events and the injuries, as well as your damages. The government then has an…
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Will suing the United States over malpractice committed at a military or VA healthcare facility jeopardize my or my family’s entitlement to medical care?
No. Absolutely not. Any form of reprisal against a party asserting his or her rights under the FTCA by an employee or agent of the United States would violate federal law. And over the last 20 years, we thankfully have never seen it happen.
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If medical malpractice happens at an overseas military facility, can I make a claim?
Yes. There is a law called the Military Claims Act which allows for such claims. Such claims are more limited than ones brought under the FTCA. We have obtained recoveries for clients in Military Claims Act matters.
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I’ve always heard that active service members cannot sue for poor medical care they receive in military healthcare facilities. Is this true?
Yes and no. Recently, Congress enacted a law allowing active-duty service members to make claims for medical malpractice. However, it is a much more restricted process than the FTCA. We do consider these cases and we have taken some.
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Can persons injured by bad medical care in military and VA healthcare facilities sue for malpractice?
Yes. Congress enacted the Federal Tort Claims Act (“FTCA”) in 1946, giving veterans and their family members the right to assert a claim against the United States for personal injuries and wrongful death caused by the negligence of federal employees. This includes medical malpractice committed by physicians and other healthcare providers employed by the federal…