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If you or your loved one is a veteran or a military member and experienced medical malpractice at the hands of the VA hospital, you might be wondering if you can sue the VA for medical malpractice.
Medical malpractice can lead to injuries and even death, so you might be wondering how to file a lawsuit and see what kind of compensation you are entitled to.
You might be thinking that filing a lawsuit against the VA is impossible because the VA is run by the federal government. Here are the facts you need to know.
If you or a relative has suffered negligence from the VA, you are entitled to file a lawsuit just the same as if you suffered from medical malpractice at the hands of another hospital or doctor.
The Federal Tort Claims Act (FTCA) allows people to file claims of negligence against the VA to receive compensation for economic losses and suffering. Here is some more information about the FTCA and what you need to know in regard to filing a lawsuit.
The FTCA allows all veterans and their family members to file medical malpractice claims against VA doctors and any VA employee if their negligence caused injuries. It will need to be proven that the medical provider was negligent and caused the injury.
Under the FTCA, veterans and family members can file a medical malpractice claim if there were surgical errors, medication errors, and anesthesia mistakes.
Under the FTCA, veterans and their relatives can also file wrongful death claims if a loved one died as a result of medical malpractice.
Under the FTCA, veterans are entitled to recover for both economic and non-economic damages—including compensation for pain and suffering. These damages recognize the emotional and physical distress caused by medical negligence. The law allows you to pursue recovery for the loss of enjoyment of life, permanent disability, and the pain endured from procedures or complications that should never have occurred.
Unlike many state-based malpractice claims, federal cases require detailed documentation of pain-related effects—daily limitations, emotional toll, and medical treatment for ongoing suffering. Duffy & Duffy’s attorneys can help veterans and their families gather records, medical expert reports, and personal accounts that establish the full extent of harm. Pain and suffering awards vary depending on the severity of the injury and the veteran’s long-term prognosis, but these damages are often a crucial part of securing fair compensation.
If you have been a victim of medical malpractice by the VA, you might be wondering how to file a claim. The statute of limitations on filing a VA medical malpractice claim is two years, so make sure you contact a lawyer and start the filing process as soon as you are ready to move forward with the lawsuit.
You will need to complete and sign a form called Form 95 Claim for Damages, Injury, or Death. You will also need to file an administrative claim with the VA regional counsel at the location where the malpractice took place.
It’s recommended you consult with an attorney before filing this claim as it has to be filed correctly. If it’s not filed and filled out correctly, you might jeopardize your legal rights which can cause you to not be able to file a lawsuit.
Form 95 basically gives an overview of the case. It will outline all the injuries you experienced as well as the amount of compensation you are seeking. Ask an attorney to help you list the compensation you are wanting as it has to be detailed and thorough. The federal courts also cannot give you any more compensation than what you are asking for, so you need to make sure the amount demanded is correct.
You have to show evidence as to why you are seeking this amount. A medical malpractice lawyer will be able to outline the evidence for you and submit all the correct paperwork.
Although the lawyer will be able to give you some evidence advice and ask to see all your files, here are some of the things you might want to gather and bring to the lawyer to review:
The VA will review your paperwork and then decide whether to accept the claim or deny the claim. They might also choose to settle it. If your case is denied, you will have six months to file a claim in the federal court which a VA lawyer can help you with.
A judge in the federal court will hear your case and will usually schedule a settlement conference. Most claims are settled at this stage, although some cases will require a trial.
A lawyer experienced in federal malpractice litigation can ensure that your claim is filed within the two-year deadline and that all damages—including pain and suffering—are accurately valued. Throughout the process, your lawyer will negotiate for a settlement whenever possible, but will be prepared to take the case to trial if necessary. At Duffy & Duffy, the firm’s legal and medical professionals work together to analyze records, calculate damages, and present expert testimony that clearly shows how negligence occurred.
You should contact a VA lawyer as soon as you think you have experienced medical malpractice. You should also contact them before you file any lawsuits. Having a lawyer on your side ensures that all the paperwork is filed correctly and that no items are missing. When your file and forms are complete, your case will be able to be settled and reach the federal court sooner.
If you are not sure if you have experienced medical malpractice, you can also contact a lawyer and have them review your case. They will be able to check your medical records and see exactly what happened to determine if you experienced medical malpractice.
You always have the right to file claims yourself. However, it might not be the best idea because you don’t want to risk filing any of the papers wrongly. If you do decide to file it yourself, make sure it’s filed within two years of the negligence happening.
Appearing in the federal court and talking to a judge by yourself can be intimidating. Some VA lawyers might be also take advantage of the fact that you’re alone and do not have an attorney advising you.
If you’re a veteran and have been a victim of medical malpractice, you might be wondering what you are entitled to as a victim. There are three types of damages you are entitled to that your lawyer should discuss with you:
Unlike other medical malpractice lawsuits, the VA does not allow for punitive damages so these will not be included. You have to list how much compensation you want exactly.
The amount you list is the maximum amount you can receive, not the minimum. It’s recommended you need to talk to a lawyer before writing down the compensation as you might not know the appropriate value to put.
For more than two decades, Duffy & Duffy, PLLC has represented patients and veterans across New York in complex medical malpractice and negligence cases. The firm’s team includes on-staff nurses and medical experts who understand both the medical and legal sides of VA malpractice claims. Their experience with Form 95 filings and federal procedures allows veterans to move forward confidently, knowing that their case is being handled by a team that understands the system.
Veterans who suffer from medical errors deserve accountability, healing, and fair compensation. Whether you are seeking damages for lost wages, future care, or the pain and suffering you’ve endured, Duffy & Duffy stands ready to guide you through every stage of the process.
If you are in New York and a veteran or a loved one is a veteran, you might be wondering how you can file a claim and the next steps you can take. Duffy and Duffy is a New York medical malpractice law firm that has over 20 years of experience helping patients and victims.
Our main goal is to help veterans and their relatives seek justice. Malpractice from VA doctors can be painful and life-changing. You might not be able to work the way you did before or you might not be able to live the lifestyle you wanted to.
Your family and children might also suffer emotionally and economically because of your illnesses or injuries.
We are here to help you seek the compensation you deserve from the VA. Our attorneys have experience working with the VA and plenty of experience also filing Form 95.
We can take away the burden of filing the paperwork incorrectly or accidentally not including all the paperwork. We also have nurses on staff that can review your medical records. Along with our on-staff nurses, we have plenty of experts that testify on your behalf in court.
Ready to start your lawsuit? Contact our office today so we can meet with you to begin preparing your case. We offer free consultations with no fees or expenses unless you win.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
