Medical Malpractice - Federal Tort Claims Act

Veterans who receive care at VA medical centers may experience substandard medical treatment. In limited instances, it may be appropriate to consider whether or not the conduct of the medical professionals was so far below the standard of care that a medical malpractice case or negligence case can be maintained against the United States. The Federal Tort Claims Act (FTCA) allows an injured veteran to bring an action to establish liability for the tortuous conduct of government employees.

The government may be held liable for personal injury or death caused by the negligent or wrongful act or omission of any government employee acting with the scope of his or her office of employment. Legal Help for Veterans, PLLC has filed FTCA claims on behalf of veterans in a number of federal courts around the country. These cases range from the failure of the VA to diagnose diseases, to medication errors, to suicides, and to botched surgeries. There is an extensive set of regulations governing how these actions need to be brought.

The most important requirement is that a party that believes the government is responsible for injury must give notice to the applicable agency within two (2) years of the alleged wrong. That notice must first be given to the agency before one can proceed to court. That notice is typically completed by an attorney through the filing of a SF-95 and submitted to the VA. This gives the administration an opportunity to review the merits of the claim. At this point, the VA can either resolve it or if they don’t do so within six (6) months, the veteran can have his attorney file an action in Federal District Court.

If you believe that you have been harmed by a government employee at the VA while receiving medical treatment, you must act promptly to preserve your rights.