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 waiting to see how recovery went." Two years from the date of injury, period. After that deadline passes, no federal court will hear the claim regardless of how clear the negligence might be.

This deadline is shorter and less forgiving than most state medical malpractice statutes. Virginia, for instance, has a two-year statute but recognizes situations where patients couldn't reasonably discover the injury immediately. The FTCA doesn't. Discovery rule? Doesn't apply. Continuing treatment doctrine? Forget it.

What makes this particularly difficult is how it typically unfolds. Veterans receive care at VA facilities, experience complications or poor outcomes, and naturally focus on getting better. They trust the VA system that's supposed to serve them. Months pass while they pursue additional treatment, physical therapy, or pain management. The thought of legal action might not even occur to them until well into the second year. By the time many veterans actually consult an attorney, we're racing against the clock. We need to investigate what happened, obtain and review medical records, consult with medical experts, and file the administrative claim—all within whatever time remains before that two-year deadline.

The FTCA's strict deadline creates particular hardship for veterans because they're often dealing with service-connected disabilities, limited resources, and a healthcare bureaucracy that already makes them feel powerless. The VA doesn't advertise that patients have two years to pursue malpractice claims. Many veterans simply don't know the deadline exists until it's too late.

In our practice representing veterans nationwide, we've learned that early consultation is critical. Even if veterans aren't sure whether they have a case, talking to an attorney soon after an adverse outcome at least preserves their options. Waiting to see if things improve, hoping the VA will make it right, or simply not knowing about the deadline—these common responses can permanently destroy valid legal claims.

The two-year deadline isn't negotiable. It's worth understanding early, before time runs out.