VA Medical Malpractice
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Can Federal Prisoners Sue for Medical Malpractice? The FTCA After Egbert v. Boule
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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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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The VA’s Six-Month Letter: What to Expect Before You 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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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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The Two-Year Trap: Why Most Veterans Miss Their Window for VA Medical Malpractice Claims
One of the hardest conversations we have is with veterans who contact us about VA medical malpractice after the two-year statute of limitations has expired. We hear variations of the same story: they received negligent care, focused on recovery, assumed someone would tell them if they needed to take legal action, and now it’s too…
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VA Mental Health Treatment Limits: When Administrative Policies Harm Veterans
Recent reports reveal that some VA facilities are enforcing strict limits on veterans’ individual mental health therapy sessions, sometimes cutting off treatment after eight to twelve visits regardless of clinical need. For veterans with PTSD, depression, and other service-connected conditions, this raises serious questions about adequate care.Multiple VA mental health providers have told media outlets…