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The Six-Month Letter: Navigating the VA's Administrative Claims Process Before You Can 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 with minimal communication and, usually, a final denial. Here's how it typically unfolds: Veterans file SF-95 with detailed informat
6 days ago2 min read
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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, and it can destroy legal claims. The FTCA only covers federal employees acting within their scope of employment. Con
Nov 142 min read
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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 late. The Federal Tort Claims Act has an absolute two-year statute of limitations. Not two years and one day. Not "we didn't know." Not "we were wai
Oct 272 min read
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Houston VA Nurse Pleads Guilty to Falsifying Medical Records Before Veteran's Death
Criminal Case Exposes Routine Medical Record Falsification at VA Medical Centers Nationwide A shocking case at the Houston VA Medical...
Sep 164 min read
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