When you walk into a VA hospital or clinic, you expect competent, compassionate care. You’ve earned that right through service. But when a VA doctor, nurse, or medical provider makes a serious mistake, the outcome can be devastating — and infuriating.

If you or a loved one has been harmed by negligent medical care at a VA facility, you may have the right to seek compensation under the Federal Tort Claims Act (FTCA).

At National Security Law Firm (NSLF), we specialize in these cases. Our attorneys are former federal and military lawyers who understand how the VA and federal agencies operate from the inside. We’ve represented veterans, service members, and families nationwide in medical malpractice cases — and our mission is clear: to maximize every client’s settlement or judgment.

This guide explains, step-by-step, how to file a claim against the Department of Veterans Affairs, what evidence you’ll need, and how to build a case that wins.

What Is VA Medical Malpractice?

Medical malpractice occurs when a healthcare professional provides care that falls below the accepted standard — causing injury, worsening illness, or death.

At the VA, malpractice can happen anywhere: hospitals, outpatient clinics, nursing homes, or community-based outpatient centers. Common examples include:

  • Surgical errors (wrong-site surgery, retained surgical instruments)

  • Misdiagnosis or delayed diagnosis (especially of cancer, heart disease, or stroke)

  • Medication errors (wrong drug, wrong dosage, harmful combinations)

  • Failure to treat or follow up on test results

  • Anesthesia mistakes

  • Birth injuries or maternal care negligence

  • Neglect in VA nursing homes

  • Failure to prevent suicide or provide mental health treatment

Many veterans and families don’t realize that VA malpractice is a federal injury claim — not a state lawsuit. It must be filed under the Federal Tort Claims Act, a law that governs all negligence cases against the U.S. Government.

The Federal Tort Claims Act (FTCA): Your Path to Accountability

The FTCA allows individuals to sue the United States Government for injuries caused by the negligence of federal employees acting within the scope of their employment.

That means if a VA doctor, nurse, or medical staff member causes harm, you’re not suing the individual provider — you’re suing the United States.

However, the FTCA is full of strict rules, deadlines, and unique procedures. Missing a step can destroy your case, which is why having an experienced FTCA lawyer is critical.

To learn more about how the FTCA works, visit our FTCA Resource Center.

Step-by-Step: How to File a VA Medical Malpractice Claim

Step 1: Gather Your Evidence

Before filing, you’ll need to document what went wrong. Important evidence includes:

  • Your VA medical records and test results

  • Private medical opinions confirming negligence

  • Documentation of injuries, surgeries, and long-term impact

  • Witness statements or notes from appointments

  • Bills, prescriptions, and proof of out-of-pocket expenses

The VA controls your records, so obtaining them requires formal requests — often through the Freedom of Information Act (FOIA) or Privacy Act. At NSLF, we handle this process for you, using our insider knowledge of VA procedures to ensure nothing is “lost” or withheld.

Step 2: File Your Administrative Claim (SF-95 Form)

Before you can sue the government in court, you must file an administrative claim with the Department of Veterans Affairs using Standard Form 95 (SF-95).

This form is the foundation of your case. It must include:

  • A detailed description of what happened

  • The names and positions of negligent VA staff

  • The date and location of the incident

  • A specific dollar amount (“sum certain”) for the damages you’re claiming

⚠️ Important: The “sum certain” caps how much you can recover later. If you list $250,000 and your case is later worth $1 million, you can’t recover more than your original claim — except in rare exceptions. That’s why calculating the right number from the start is crucial.

Once filed, the VA has six months to investigate and respond. They may:

  1. Settle your claim for an agreed amount,

  2. Deny your claim in writing, or

  3. Fail to respond, which is treated as a denial after 180 days.

If the VA denies your claim (or six months pass), you can file suit in federal district court.

For a full, illustrated guide, read our Step-by-Step Guide to Completing the SF-95.

Step 3: Build a Medical Negligence Case

Once your claim is pending, the key is proving negligence and causation.

You must show that:

  1. The VA owed you a duty of care (they did).

  2. The provider breached that duty through an act or omission.

  3. That breach directly caused your injury or harm.

  4. You suffered actual damages (medical costs, pain, disability, etc.).

Our attorneys work with independent medical experts to analyze what happened and determine whether VA staff deviated from accepted medical standards. We then develop a detailed narrative supported by records, testimony, and expert opinions.

Step 4: Negotiate with the VA

The VA may offer a settlement during the administrative phase. These offers are often far below fair value.

At NSLF, we negotiate strategically — combining medical evidence, expert reports, and financial valuations to justify every dollar. Because our attorneys are former government litigators, we understand the internal pressure points that influence settlement decisions.

When agencies know you’re represented by lawyers who can take the case to federal court — and win — they’re far more likely to settle favorably.

Step 5: File in Federal Court (If Necessary)

If the VA denies your claim or refuses to offer fair compensation, we file suit in U.S. District Court. There is no jury trial under the FTCA — only a federal judge decides the case.

The court will evaluate:

  • Whether negligence occurred

  • Whether it caused the injuries

  • What damages are appropriate

Our trial attorneys are seasoned federal litigators who know how to navigate evidentiary rules, agency defenses, and procedural hurdles. We prepare every case as if it’s going to trial — because that’s how you get the best settlement.

What Damages Can You Recover?

Under the FTCA, you can recover both economic and non-economic damages, including:

  • Medical expenses (past and future)

  • Lost wages and loss of earning capacity

  • Pain and suffering

  • Emotional distress

  • Loss of companionship or consortium

  • Wrongful death damages (if the patient died)

The FTCA prohibits punitive damages, but strong evidence and expert valuation can still lead to substantial recoveries — often in the hundreds of thousands or even millions.

💡 At NSLF, we use economists, life-care planners, and vocational experts to quantify every dollar of your loss. Our goal is to ensure your recovery reflects the true scope of harm — not just what the VA is willing to admit.

How Long Do You Have to File?

Timing is everything in FTCA cases.

  • You must file your SF-95 within 2 years of the malpractice.

  • You must file your lawsuit within 6 months of a denial or lack of response.

Missing these deadlines can permanently bar your claim — even if it’s otherwise valid. That’s why early legal representation is critical.

How NSLF Builds Winning VA Malpractice Cases

Our firm doesn’t just file paperwork — we strategize like insiders. Here’s how we do it:

  1. Rapid Record Retrieval – We use FOIA and VA record systems to get every relevant document.

  2. Expert Analysis – We retain top-tier medical experts to pinpoint exactly how the VA went wrong.

  3. Comprehensive Damages Calculation – We evaluate medical costs, lost income, and long-term care needs to ensure nothing is undervalued.

  4. Negotiation & Litigation – We pressure the VA to settle early, but we’re fully prepared to take the case to court if needed.

  5. Relentless Advocacy – We don’t stop until we’ve secured the highest possible recovery under the law.

⚔️ We treat every FTCA case like a mission — precise, strategic, and built to win.

Why Choose National Security Law Firm

  • ⭐ 4.9-star Google reviews from clients nationwide (read them here)

  • 🪖 Former federal and military attorneys who understand the VA system from the inside

  • ⚖️ Nationwide representation from Washington, D.C. — the hub of federal law

  • 💸 Transparent pricing and legal financing through Affirm

  • 💬 Free, no-pressure consultations

  • 💥 A mission-driven approach to maximize every settlement or judgment

At NSLF, we don’t just handle VA malpractice claims — we lead the fight for accountability.

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step?

If you or a loved one suffered due to VA medical negligence, don’t wait. Every day you delay could cost you valuable evidence or even your right to file.

📞 Call 202-600-4996 or book your free consultation online.
We’ll review your records, build your case, and fight for the justice you deserve.

Learn More About FTCA Claims

For more resources and real-world examples, visit our FTCA Resource Center, where you’ll find:

  • What Evidence Matters Most in FTCA Claims

  • How to Complete the SF-95 Form (Step-by-Step)

  • Common FTCA Defenses (and How to Overcome Them)

  • 10 Proven Strategies to Maximize Your FTCA Settlement or Judgment

National Security Law Firm: It’s Our Turn to Fight for You.