Can a Veteran Sue the VA for Medical Malpractice?
Yes. If negligent treatment at a VA medical center or clinic injured you, you can file a claim against the federal government under the Federal Tort Claims Act (28 U.S.C. § 1346(b)). To sue the VA, you must first submit an administrative claim to the VA on Standard Form 95, and you must file it within two years of the date your claim accrues (28 U.S.C. § 2401(b)).
Federal law treats these claims differently from ordinary state medical malpractice claims. Before suing, the injured person generally must submit an administrative claim to the Department of Veterans Affairs within two years of the date of injury. Once you file the claim, the VA has six months to investigate (28 U.S.C. § 2675(a)). It requests the records, talks to the providers and consults its own medical reviewer, and it shares little with you along the way. In our experience, recent investigations have often taken 12 to 18 months (See our articles on What Happens After You File an SF-95? and The Six-Month Letter.).
If you miss that two-year window, you will almost certainly lose the right to recover. Because the administrative claim shapes everything that follows, you should consult an attorney experienced in VA medical malpractice and Federal Tort Claims Act cases before you file. Small mistakes on the Standard Form 95 can cost you.
Can Rawls Law Group Handle VA Medical Malpractice Claims Nationwide?
At Rawls Law Group, VA medical malpractice and Federal Tort Claims Act cases are our focus. Our team has substantial experience handling FTCA medical malpractice claims across the country, and our staff includes veterans of the United States military. We understand the needs of veterans, service members, military families, and patients whom negligent care in federal healthcare settings has harmed. We offer free, confidential VA medical malpractice consultations. Contact our office today and connect with our team!
What Are Common VA Medical Malpractice Errors?
The VA malpractice cases we see most often involve delayed or missed diagnoses, especially of cancer; abnormal test results that nobody followed up on; surgical errors such as operating at the wrong spinal level or misplacing hardware; unsafe discharges; medication errors; and neglect in VA nursing homes. For many veterans, prior service puts them at risk for developing certain health conditions. When VA healthcare providers fail to order testing or provide needed medications, they put these at-risk veterans in dangerous situations.
- Delayed Diagnosis: A diagnosis that comes too late can turn a treatable illness into a fatal one. In one of our cases, the Long Beach VA read a veteran’s first two chest x-rays as normal despite her persistent symptoms, and it never ordered the CT scan that a third x-ray recommended. By the time a private hospital diagnosed her with tuberculosis, doctors could no longer save her life, and the case settled for $280,000. In another, a VA nurse practitioner allegedly missed abnormal labs, weight loss and long-running pain that pointed to multiple myeloma, and the case settled for $325,000. Learn more about delayed diagnosis and failure to diagnose cancer.
- Surgical Errors: Surgical claims often involve errors the government cannot defend as clinical judgment, such as wrong-site surgery, retained sponges or instruments, or damage to a nerve or organ outside the surgical field (Surgical Errors at VA Hospitals). In one of our cases, a VA neurosurgeon operated at the wrong spinal level and misplaced hardware, the VA admitted the error in an adverse event disclosure, and we secured a $350,000 settlement. In another, a surgeon at the Asheville VA placed a veteran’s wrist hardware incorrectly, causing repeated tendon tears, and we secured a $260,000 settlement.
- VA Nursing Home Neglect: In VA-run Community Living Centers (CLCs), the most common neglect claims involve bedsores from inadequate repositioning, mismanagement of medications, falls from poor supervision, and malnutrition or dehydration.
- Mismanagement of Mental Health Care: Veterans with PTSD and depression need consistent care. When providers end treatment too early or miss warning signs of suicide risk, the veteran may have a claim. Sending a veteran home without the support they need can be as dangerous as a surgical mistake.
Speaking up does not have to be difficult. If a VA healthcare provider injured you or a loved one, we offer free, confidential VA medical malpractice consultations. Contact our office today and connect with our team!
Section 1151 Benefits vs. an FTCA Claim: How Veterans Can Use Both After VA Malpractice
When VA care causes harm, veterans have two separate paths. The first is a disability claim under 38 U.S.C. § 1151, which the Veterans Benefits Administration decides. The second is a malpractice claim under the Federal Tort Claims Act, which starts with an administrative claim and can end in federal court. As we explain in Should I File a VA Medical Malpractice Claim or Focus on My VA Benefits?, the choice is usually not either/or.
A veteran whom VA medical care hurt can often pursue both a Section 1151 disability claim and a Federal Tort Claims Act (FTCA) malpractice claim for the same injury. The two systems pay for different things. However, if both pay out, federal law requires the VA to withhold future 1151 payments until the withheld amount equals the FTCA recovery.
Congress does not allow a veteran to collect twice for the same harm. Under 38 U.S.C. § 1151(b), once an FTCA judgment or settlement becomes final, the VA pays no further 1151 benefits for that disability until the total it withholds equals the amount of the FTCA recovery. As we explain in How Section 1151 Benefits Affect Your VA Malpractice Settlement, the offset has limits:
- It does not bar you from pursuing both claims. Many veterans pursue both, at different times.
- It does not touch unrelated VA disability ratings. The VA withholds only 1151 compensation for the same injury.
- It applies after the recovery becomes final, not while the FTCA claim is pending.
Should You File an 1151 or FTCA Claim First?
Many veterans ask whether they should file an 1151 or FTCA claim first. Three questions usually decide the order:
- How close is the two-year FTCA deadline? A pending 1151 claim does not pause the FTCA clock. Veterans who wait for an 1151 decision can lose their malpractice claim entirely. See The Two-Year Trap.
- How strong is the evidence of negligence? A clear medical error supports an FTCA claim. A murkier case, or an unforeseeable event such as an equipment failure, may fit 1151 better, because 1151 does not always require fault.
- Does the family need income now? 1151 pays monthly and often sooner. An FTCA claim takes longer but can produce a larger total recovery.
If VA care injured you or a loved one, contact Rawls Law Group for a free consultation. We handle FTCA malpractice claims against the VA nationwide, and we can help you plan how your claim fits with any 1151 benefits.
FAQs
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Can I sue the VA for a missed or delayed blood cancer diagnosis?
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Yes, if VA providers missed or failed to monitor a blood cancer or a pre-cancerous blood condition, such as leukemia, lymphoma, multiple myeloma, or MGUS, and the disease progressed because of the delay. The claim is brought against the United States under the FTCA.
Blood cancers often show up first in routine lab work, so these cases frequently involve results that were seen but never acted on. Common problems include:
- Abnormal blood counts, such as unexplained anemia or a high white cell count, with no further testing or hematology referral.
- A pre-cancerous condition like MGUS (monoclonal gammopathy of undetermined significance) that was diagnosed but never monitored as it progressed to multiple myeloma.
- Bone pain, fatigue, kidney problems, swollen lymph nodes, or night sweats that were not evaluated together.
- Lab results ordered by one provider and never reviewed by anyone.
Many blood cancers are presumptive conditions for veterans. Agent Orange includes chronic B-cell leukemias, multiple myeloma, Hodgkin’s disease, and non-Hodgkin’s lymphoma (Miami County, Ohio Veterans Services), and the PACT Act added MGUS. In January 2025, VA also added leukemias, multiple myeloma, and myelodysplastic syndromes to the burn pit presumptive list (UPI). Rawls Law Group obtained a $325,000 FTCA settlement for a failure to diagnose multiple myeloma. If your blood cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed liver cancer diagnosis?
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Yes, if you were at high risk for liver cancer and the VA failed to screen you, or ignored abnormal imaging or lab results, and the cancer advanced during the delay. The claim is brought against the United States under the FTCA.
Liver cancer is hard to treat once symptoms appear, which is why patients with certain conditions need regular surveillance, typically an ultrasound, often with a blood test, about every six months. High-risk conditions include cirrhosis from any cause, chronic hepatitis B, and hepatitis C with advanced liver scarring. Common problems include:
- A veteran with cirrhosis or chronic hepatitis who never received surveillance imaging.
- A liver lesion seen on imaging with no follow-up scan or referral.
- A rising tumor marker (AFP) that no one acted on.
- Abnormal liver tests blamed on alcohol or medication without further workup.
Liver cancer is a presumptive condition for veterans exposed to contaminated water at Camp Lejeune (PACT Act summary). If your liver cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed melanoma diagnosis?
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Yes, if a VA provider failed to biopsy a suspicious mole or lesion, misread the pathology, or delayed treatment, and the melanoma spread as a result. The claim is brought against the United States under the FTCA.
Melanoma can spread quickly once it grows deeper into the skin, so timing matters. Common problems in these cases include:
- A changing, bleeding, or irregular mole that a provider dismissed without a biopsy or dermatology referral.
- A biopsy that was misread as benign.
- Positive biopsy results that were never communicated to the veteran.
- Incomplete removal of a melanoma with no follow-up surgery.
Melanoma is among the cancers the PACT Act made presumptive for veterans with qualifying burn pit exposure (VA disability guide). Rawls Law Group recovered $300,000 for the widow of an Army veteran after a missed diagnosis of metastatic skin cancer. If your melanoma diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed bladder cancer diagnosis?
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Yes, if VA providers failed to evaluate blood in your urine or other warning signs, and the bladder cancer grew or spread because of the delay. The claim is brought against the United States under the FTCA.
Blood in the urine (hematuria) is the classic early warning sign of bladder cancer, especially in older adults and people who smoke. The most common failure is treating it as a urinary tract infection or kidney stone without a proper workup, such as imaging and a cystoscopy to look inside the bladder. Other problems include:
- Blood found on a routine urine test that no one followed up on.
- Repeated “UTIs” treated with antibiotics without investigating the cause.
- A urology referral that was ordered but never completed.
- Abnormal urine cytology or imaging results that were not acted on.
Bladder cancer matters especially for veterans. The PACT Act added it as a presumptive condition for Agent Orange exposure, and it is also presumptive for veterans exposed to contaminated water at Camp Lejeune (PACT Act summary). In January 2025, VA added urinary bladder cancer to the burn pit presumptive list for Gulf War and post-9/11 veterans (UPI). If your bladder cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed prostate cancer diagnosis?
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Yes, if VA providers ignored a rising PSA level, failed to refer you to a urologist, or delayed a biopsy, and the cancer spread beyond the prostate as a result. The claim is brought against the United States under the FTCA.
Prostate cancer usually grows slowly, so the strongest cases involve a long delay or a missed sign of aggressive disease. Common problems include:
- A PSA that rose over several tests without anyone acting on it.
- An abnormal PSA or rectal exam with no urology referral, or a referral that was never scheduled.
- Biopsy results that were never reviewed with the veteran.
- Bone pain or urinary symptoms that were not evaluated for cancer.
Prostate cancer is a presumptive condition for veterans exposed to Agent Orange (Miami County, Ohio Veterans Services). Rawls Law Group has handled VA prostate cancer cases, including a $210,000 settlement for a veteran whose prostate cancer went undiagnosed for more than a year at the Palo Alto VA Medical Center. If your prostate cancer diagnosis was delayed by a VA healthcare provider, contact our office today.
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Can I sue the VA for a missed or delayed lung cancer diagnosis?
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Yes, if a VA radiologist misread a chest X-ray or CT scan, or VA providers failed to follow up on a lung nodule or other abnormal finding, and the cancer spread during the delay. The claim is brought against the United States under the FTCA.
Missed follow-up is one of the most common problems we see. A CT scan done for another reason, such as chest pain or a kidney stone, shows a small lung nodule. The radiologist recommends a repeat scan in a few months, but no one orders it or tells the veteran. By the time the cancer is found, it has spread.
Other common problems include:
- No annual low-dose CT screening for an eligible veteran. Screening is recommended for adults ages 50 to 80 with a 20 pack-year smoking history who still smoke or quit within the past 15 years.
- A persistent cough, coughing up blood, or unexplained weight loss blamed on a cold or COPD.
- A chest X-ray read as normal when it showed a mass.
Many veterans have toxic exposures linked to lung cancer. Respiratory cancers are presumptive conditions for Agent Orange exposure, and the PACT Act added respiratory cancer of any type for burn pit exposure (Miami County, Ohio Veterans Services; PACT Act summary). If your lung cancer diagnosis was delayed by a VA healthcare provider, contact our office today.