Frequently Asked Questions:

VA Medical Malpractice & The FTCA

By Troy Flake, Esq.

1. Can I sue the VA for medical malpractice?

Yes. Under the Federal Tort Claims Act (FTCA), the federal government can be held liable for medical malpractice committed by its employees, including doctors and nurses at VA facilities.

2. How long does the process take?

Medical malpractice is a complex area of law, and there are specific administrative requirements when federal healthcare providers are involved. Most cases take at least one year to resolve, and many take longer depending on the complexity of the injuries.

3. How much does it cost to hire an attorney?

There is no up-front cost to you. We work on a contingency fee basis, meaning your attorney is only paid if you recover a settlement or judgment. Under federal law, these fees are capped between 20% and 25% of the recovery. Litigation costs, such as expert witness fees, are also deducted from the final recovery.

4. What is the deadline to sue the VA?

Generally, you have 2 years from the date of the injury to file an administrative claim. While this time may be extended in very specific circumstances, it is vital to act quickly to preserve your rights.

5. Can I handle an FTCA claim myself?

While it is possible to initiate a claim without a lawyer, the FTCA involves strict procedural hurdles that can result in a case being dismissed if not handled perfectly. An experienced attorney ensures all requirements are met and often secures a recovery that far exceeds the cost of their services.

6. Why should I hire Troy to represent me in my VA case?

Early in his career, Troy defended the VA against medical malpractice suits. He now uses that insider knowledge to represent victims. Because he knows exactly how the VA evaluates and defends these cases, he knows how to build a winning strategy for his clients.

7. Can I sue for an injury that happened at the Mike O’Callaghan Military Medical Center?

Yes. The FTCA allows you to sue for negligent medical care at any federally owned hospital or clinic, including Mike O’Callaghan and other military facilities.

8. I am on active duty. Can I recover for malpractice if I am injured at a military hospital?

Yes. Congress recently enacted laws allowing active-duty military members to seek compensation for malpractice. Please call Troy today for more information on how these specific rules apply to your situation.

9. How much can I recover in my case against the VA?

The amount of damages varies by case. While there are caps on non-economic damages (pain and suffering)—currently $590,000—claims for lost income, future medical care, and other economic damages can exceed that amount.

10. Will suing the VA affect my veterans benefits or disability rating?

No. Your VA disability benefits and other veterans’ entitlements will not be reduced or affected by a recovery in a medical malpractice lawsuit.

11. The VA sent me to a “Community Care” doctor. Do I still sue the VA?

Usually, no. If you were treated by a private “Community Care” provider, you generally sue that doctor or facility directly under state law rather than the FTCA.

12. The VA refused to provide the care I requested. Can I sue for “denial of treatment”?

Suing for a failure to provide treatment is significantly more difficult than suing for a medical error. While there are some circumstances where you may be able to recover, the VA is often protected from liability regarding the timing or denial of specific treatments.

13. Does suing the VA hurt other veterans?

No. Veterans who are injured by negligence deserve to be made whole. Furthermore, holding the VA accountable for preventable mistakes ensures that the system improves and that all veterans receive a higher standard of care.

14. Can any lawyer handle my VA claim?

Claims against the government are highly specialized. They require an attorney who deeply understands the nuances of the Federal Tort Claims Act in addition to medical malpractice law. Choosing an attorney without this specific experience can put your recovery at risk.

Updated March 2026