Second Circuit Court Delivers Victory for Veterans in Medical Malpractice Cases

A recent decision by the U.S. Court of Appeals for the Second Circuit represents a significant victory for veterans pursuing medical malpractice claims against the Department of Veterans Affairs. In Carroll v. United States, the court clarified that the continuous treatment doctrine can toll the FTCA's strict two-year statute of limitations even when veterans receive care from different physicians at the same VA facility.

The Case Background

Robert Carroll, a veteran receiving care at Stratton Veterans Hospital in Albany, New York, experienced leg pain and swelling starting in 2015. VA medical staff failed to diagnose his deep vein thrombosis (DVT) until 2017. Carroll continued receiving treatment for his DVT at the same facility through February 2019, when he was told his condition was permanent.

When Carroll filed his FTCA lawsuit in 2021, the government moved to dismiss, arguing the two-year statute of limitations had expired. The district court agreed, ruling that continuous treatment required care by the same physician.

The Appellate Court's Ruling

The Second Circuit reversed this narrow interpretation, holding that continuous treatment at the same hospital or facility is sufficient to toll the statute of limitations, even when different doctors provide care. The court emphasized it would be "absurd to expect a patient being treated by a doctor or hospital to interrupt corrective treatment by instituting suit against either while under their continuing care."

Why This Matters for Veterans

This ruling is particularly significant for veterans, who typically receive care through the VA system where they often see different physicians and specialists. While it is an unpublished opinion, this decision provides a strong foundation for similar arguments nationwide. Previously, some courts interpreted the continuous treatment doctrine narrowly, potentially barring legitimate claims simply because a veteran saw multiple doctors for the same condition.

The Impact for FTCA Claims

The Carroll decision strengthens veterans' rights by:

• Recognizing the reality of how VA healthcare is delivered

• Preventing technical statute of limitations defenses when veterans receive ongoing care

• Allowing meritorious cases to proceed to trial on their merits

At Rawls Law Group, we've represented veterans and their families in FTCA cases nationwide for decades. This decision reinforces our commitment to ensuring veterans receive the justice they deserve when VA medical negligence causes harm.

If you're a veteran who suffered injuries due to VA medical malpractice, contact our experienced FTCA attorneys today. Time limits still apply, and early consultation is crucial to protecting your rights.