Veterans trust the Department of Veterans Affairs (VA) to provide quality healthcare. But when that trust is broken through medical negligence—such as misdiagnosis, surgical errors, or delayed treatment—the consequences can be life-altering or even fatal.
In 2025, veterans and their families have a clear legal path to file a lawsuit against the VA for medical malpractice, thanks to evolving laws and the Federal Tort Claims Act (FTCA). This guide explains your rights, the claims process, and how to hold the VA accountable for substandard care.
What Qualifies as VA Medical Negligence?
Medical negligence, also known as malpractice, occurs when a VA healthcare provider:
- Fails to follow accepted medical standards
- Causes harm through action or inaction
- Provides delayed, incorrect, or harmful treatment
- Makes a mistake during surgery or medication administration
- Fails to diagnose or monitor a serious condition
Examples include:
- Surgical errors or operating on the wrong body part
- Delayed diagnosis of cancer or heart conditions
- Prescription errors
- Poor infection control
- Inadequate mental health treatment resulting in suicide or self-harm
Negligence can involve doctors, nurses, therapists, and VA administrative staff.
Can You Sue the VA for Malpractice?
Yes. While you can’t directly sue the U.S. government in most cases, the Federal Tort Claims Act (FTCA) allows veterans and eligible family members to sue the VA for injuries caused by medical negligence at VA facilities.
You must first go through the VA’s internal claims process before filing a lawsuit in federal court.
Who Can File a VA Malpractice Claim?
You may be eligible if:
- You are a veteran, dependent, or active-duty service member who received care at a VA hospital or clinic
- The treatment was provided by a VA employee (not an independent contractor)
- You suffered physical, emotional, or financial harm due to negligence
- The care occurred at a VA medical center, VA community-based outpatient clinic (CBOC), or VA rehab facility
Surviving family members can also file wrongful death claims under the FTCA if a veteran died due to VA negligence.
Step-by-Step Guide: How to Sue the VA for Medical Malpractice
Step 1: File an Administrative Claim (Standard Form 95)
Before suing, you must submit Standard Form 95 (SF-95) to the regional VA office responsible for the negligent facility. This is your official malpractice claim.
You’ll need to include:
- Description of the incident
- Dates of care
- Names of providers involved
- Amount of damages claimed (you must list a dollar figure)
- Supporting evidence (medical records, bills, photos, witness statements)
Step 2: Wait for the VA’s Response (Up to 6 Months)
The VA has up to six months to respond. They may:
- Approve your claim and offer a settlement
- Deny your claim
- Fail to respond (which is treated as a denial after six months)
Only after this administrative step is complete can you file a federal lawsuit.
Step 3: File a Federal Lawsuit Under the FTCA
If your claim is denied or you reject the VA’s offer, your attorney can file a lawsuit in U.S. District Court.
Important notes:
- There is no jury—a federal judge hears the case
- You cannot seek punitive damages (only compensatory damages)
- You must use the amount claimed in the SF-95 as the maximum damages you request
- You must file within 6 months of the denial or final decision
Step 4: Prepare for Settlement or Trial
Most cases settle before reaching trial. However, if the VA contests your claim, your legal team will:
- Gather expert witnesses
- Conduct depositions
- Request VA internal records
- Present evidence of harm and negligence
How Long Do You Have to File a VA Malpractice Claim?
The FTCA sets strict deadlines:
- Two years from the date you knew (or should have known) about the injury
- Six months to file in federal court after the VA denies your administrative claim
For wrongful death claims, the timeline typically begins on the date of death—but it’s best to act immediately.
What Compensation Can You Get?
| Type of Damage | Examples |
|---|---|
| Medical Expenses | Surgeries, rehab, prescriptions, therapy |
| Lost Income | Missed work, lost job opportunities, disability |
| Pain and Suffering | Emotional trauma, physical discomfort, PTSD |
| Loss of Consortium | Impact on family relationships and intimacy |
| Wrongful Death Damages | Funeral expenses, survivor compensation |
There are no punitive damages under the FTCA. However, settlements and verdicts often reach six or seven figuresdepending on the severity of harm.
Can You File for VA Benefits and Sue the VA at the Same Time?
Yes. Filing a malpractice lawsuit does not prevent you from receiving VA disability benefits for the same injury. In fact, doing both may increase your total compensation.
However, if you receive a VA settlement or judgment, the VA may reduce certain benefits to avoid duplication. A qualified attorney can help you structure your payout and preserve benefits when possible.
What If the VA Denied My Previous Claim?
Many veterans are surprised to learn that earlier denials can be appealed, resubmitted, or converted into a federal lawsuit—especially if:
- You have new evidence
- Your condition worsened
- A different standard of care is now accepted
- The original provider is confirmed as a VA employee (not a contractor)
Don’t assume a past denial means your case is over.
Do I Need a Lawyer to Sue the VA?
Technically, no. But suing the VA is legally complex and evidence-heavy. A lawyer experienced in FTCA and medical malpractice greatly improves your chances of success. Most attorneys work on a contingency fee basis, meaning you pay nothing unless you win.
Final Thoughts
Veterans deserve more than gratitude—they deserve accountability when government-provided care goes wrong. Whether you’re coping with a surgical error, cancer misdiagnosis, or wrongful death, the law provides a pathway to justice.
The process to sue the VA for medical negligence is time-sensitive and document-heavy, but with the right legal support, it can lead to meaningful compensation, peace of mind, and better care for future veterans.