How Do I Sue the VA?

You may be able to sue the Veterans Affairs (VA) hospital if you have been the victim of medical malpractice. If you or a family member have suffered serious personal injuries as a result of the negligence of a federal employee, you may be able to bring a claim against the Department of Veterans Affairs. 

If the negligent health care provider in your case committed malpractice at a VA hospital, the case may be governed by the Federal Tort Claims Act (FTCA).  The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages.

Guide to Sue the VA

Before you can sue the VA, you must present an administrative claim within 2 years of the date of negligence to the appropriate federal agency before filing suit. The VA must be given at least six months to conduct an investigation before suit can be filed in federal court. If the claim is denied, a claimant must either request reconsideration or file a lawsuit in federal court within six months of the date of denial or the claim is forever barred. In addition, some state law pre-suit requirements may apply to your case, depending on the jurisdiction. Talk to your lawyer about what conditions must be satisfied before bringing a lawsuit against the VA in your case. If you are unable to resolve the case administratively, then suit must be timely filed in federal court to recover against the government.

• File a Standard Form 95.
• Fill out the Standard Form 95 correctly, including correctly identifying your damages, the amount of compensation you’re seeking, and a description of the injuries.
• Attach any supporting documentation, if you think it would be helpful. A lawyer can assist you in determining what supporting documentation would be helpful in resolving your case quickly.
• File the Standard Form 95 with the correct administrative office. If you do not know what office to file your SF95, seek legal counsel. If you incorrectly file your SF95, you may not be able to recover compensation for your injuries.

Commonly Asked Questions

How Long Do I Have to File a Claim Against the VA for Medical Malpractice?

You have a two-year window from the date of the alleged negligence or the date you discovered the negligence to file an administrative claim against the VA for medical malpractice. Once you've submitted your claim, the VA has six months to respond. If your claim is denied, you then have six months from the date of denial to either request reconsideration or file a lawsuit in federal court. It's important to adhere to these timelines strictly, as missing them can bar you from recovering compensation. 

What Happens If I File My Standard Form 95 with the Wrong Administrative Office?

Filing your Standard Form 95 with the wrong administrative office can lead to significant delays and may jeopardize your ability to recover compensation for your injuries. It's essential to identify and file your claim with the correct office. If you're unsure where to file, it's advisable to seek legal counsel. Our team at National Trial Law can help you file your claim correctly and can provide guidance throughout the process to avoid any missteps.