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 negligence case, or a VA malpractice case?
The short answer: if the VA operates the facility, the FTCA generally still governs the claim, the same as any other VA medical malpractice claim. That means the SF-95 administrative process and its deadlines still apply. This differs from a claim against a privately operated nursing home where the VA places a veteran through VA-funded community care; state nursing home negligence law would govern that claim instead. If you are currently at a VA-funded community care facility, Rawls Law Group can only assist with your claim if the negligence occurred in Virginia, Maryland, or DC. If you need help connecting with an attorney in your state, contact our office and we can provide free resources.
Common CLC negligence issues:
- Pressure injuries/bedsores from inadequate repositioning
- Medication errors or missed doses
- Falls due to inadequate supervision
- Malnutrition or dehydration from inadequate monitoring
Because the correct legal pathway depends on exactly which facility provided the care and under what arrangement, it’s worth clarifying early. Our firm handles both VA & military medical malpractice and nursing home negligence claims in Virginia, Maryland, and DC, and we can help you determine which framework applies to your family’s situation.
If a VA healthcare provider or VA facility has injured you or a loved one, you may be able to recover compensation. Contact our office and schedule a free consultation.