FTCA Claims
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Wrongful Death Claims Against the VA: A Family’s Guide to the FTCA
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…
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VA Nursing Home & Community Living Center Malpractice: Is It Covered by the FTCA?
Many veterans receive long-term or rehabilitative care not at a traditional VA hospital, but at a VA Community Living Center (CLC), the VA’s version of a nursing home. When neglect or abuse occurs at one of these facilities, veterans and families sometimes aren’t sure which category the claim falls into: is this a nursing home…
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Surgical Errors at VA Hospitals: Your Legal Options Under the FTCA
Surgical errors at VA hospitals can take many forms: operating on the wrong site, leaving a surgical instrument or sponge inside a patient, damaging a nerve or organ not involved in the intended procedure, or performing surgery without adequate informed consent. When surgical errors at VA hospitals happen, patients pursue them through the same FTCA…
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How Section 1151 Benefits Affect Your VA Malpractice Settlement
When VA negligence harms a veteran, the veteran sometimes has two potential avenues for compensation: an FTCA malpractice claim, and disability benefits under 38 U.S.C. § 1151, a separate VA benefits provision that compensates veterans for additional disability that VA medical care itself caused (as opposed to a service-connected condition). The key thing to understand:…
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What Is “Sum Certain” and Why It’s the Most Important Number on Your SF-95
Every SF-95 requires the claimant to state the specific dollar amount they are seeking. This is the “sum certain.” It might seem like a formality, but under 28 U.S.C. § 2675(b), this number generally sets a hard ceiling on what the claimant can later recover in a lawsuit, with only a narrow exception for newly…
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What Happens After You File an SF-95? A Timeline of the VA’s Six-Month Review
Once a claimant submits a Standard Form 95 to the VA, 28 U.S.C. § 2675(a) gives the agency up to six months to investigate and respond before the claimant can legally file suit. Understanding what happens, and roughly when, during that window can make an otherwise anxious wait a little more predictable. General Timeline: For…
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Can You Sue the VA for Medical Malpractice? Yes — Here’s How the FTCA Works
Yes — veterans and their families can sue the VA for medical malpractice, but not directly. Claims against VA hospitals are brought under the Federal Tort Claims Act (FTCA), a federal law that allows people injured by the negligence of federal employees — including VA doctors, nurses, and staff — to seek compensation from the…
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Should I File a VA Medical Malpractice Claim or Focus on My VA Benefits?
If you were injured by care you received at a VA hospital or clinic, you may be facing a question that feels bigger than it should: do you pursue a medical malpractice claim, apply for VA disability benefits, or both? It’s a fair question, and an important one — because these are two different systems,…
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I Was Injured by a VA Healthcare Provider, Now I Don’t Know What to Believe
You served. You did what was asked of you, and in return you were told the VA would take care of you. So when a VA hospital or clinic is the place where you get hurt — a missed diagnosis, a surgery that went wrong, a medication mix-up, an infection nobody caught in time —…
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Premature Hospital Discharge of Disabled Veteran at the Richmond VAMC Results in Incarceration
Psychiatric and neurological disorders are difficult for the patient. They are particularly difficult because, unlike a physical disease like high blood pressure or a broken leg, the patient often finds that the disease itself prevents self-care. Whereas a doctor can tell a patient to stay off a broken leg and reasonably expect that patient to…
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What Happens When You Contact Rawls Law Group for Your VA Medical Malpractice Claim?
Navigating your VA medical malpractice claim can be overwhelming, and trying to determine your options after negligence occurs can feel confusing. Unlike standard civil medical malpractice claims, actions against federal facilities are governed by strict federal laws—specifically, the Federal Tort Claims Act (FTCA). Finding lawyers that handle VA medical malpractice claims can be difficult. There…
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Suing the VA for Medical Malpractice: A Veteran’s Step-by-Step Guide
Suing the VA for medical malpractice can be tedious and confusing. However, veterans and their families can sue the VA for medical malpractice, but not directly. Claims against VA hospitals are brought under the Federal Tort Claims Act (FTCA), a federal law that allows people injured by the negligence of federal employees — including VA…