Can You Sue for VA Medical Malpractice?

There are some old assumptions held to be true over the years that are not entirely accurate:

“You can’t fight city hall” and “You can’t sue the government.”

Both are wrong.

Ordinarily the federal government is immune to lawsuits under the legal doctrine of sovereign immunity,3 the principle that prohibits a lawsuit against the U.S. government (and its agencies such as the VA) unless the government consents to be sued. The Federal Tort Claims Act (FTCA) provides an exception to this doctrine. Veterans and their dependents can sue VA medical malpractice by its employees as long as the lawsuit complies with the requirements set by the FTCA.

When you are injured by a VA doctor or other employee of the Department of Veterans Affairs (VA), you have two legal remedies available to you. You can file a claim with the VA for disability compensation (commonly referred to as a Section 1151 claim), and/or you can seek money damages under the Federal Torts Claims Act (FTCA).

The first step is to file an administrative FTCA claim with the VA. This is done using Standard Form 95, Claim for Damage, Injury or Death. The statute of limitations for filing this claim is two years from the time of injury. Unlike most other VA claims, you do not file this application with your VA regional office. Instead, you file it with the VA Regional Counsel that is responsible for the region where your injury took place.

Your claim should state your injury, the negligence that you believe caused the injury, and a definite sum of damages you would like to receive. A federal court can’t award you any more damages than you ask for in your administrative claim, so it is critical to get expert assistance in determining the amount of damages to claim.

The process can be confusing, but it’s important to understand that just because you received treatment through the Veteran’s Administration, you do not give up your rights. There are attorneys who specialize in cases involving medical malpractice at the VA, and MalpracticeAttorneys.com has partnered with these legal experts.

Veterans who believe they may have received negligent treatment, or been the victim of VA medical malpractice, can receive help. The first step is to reach out for sound advice, and we welcome your registration at our site.

MalpracticeAttorneys.com provides VA medical malpractice news, information, and referrals to the highest rated attorneys across the country who can help victims of malpractice and our service is free.