Veterans rely on the U.S. Department of Veterans Affairs (VA) for timely, quality medical care. Yet VA hospitals and clinics across the country are facing critical staffing shortages, from physicians and nurses to support personnel. These shortages have been linked to medical errors, delays in treatment, and lapses in care. In turn, such failings raise the risk of malpractice. The VA has liability under the Federal Tort Claims Act (FTCA) when veterans are harmed by substandard care.
After years of expansion, the VA is now hemorrhaging doctors and nurses. From January to June 2025, the agency lost over 600 doctors and nearly 2,000 nurses. Internal records show that nearly 40% of physicians offered jobs turned them down — quadruple the rejection rate from the same time the year before. In some regions, rejections are fueled by “low morale” and concerns over “reorganization,” while in others, critical roles are left vacant entirely.
The result? Increased wait times, staffing strain, and concerning delays in care. And while the VA has stated that care remains stable, internal records and veteran reports suggest the challenges are affecting access and consistency.
A System in Decline
Here’s what the numbers show:
- As of July 2025, the average wait time for new outpatient surgical appointments was 41 days — 13 days longer than the VA’s own target.
- The VA’s Office of Inspector General (OIG) continues to find widespread critical vacancies in the VA health system. In fiscal year 2024, VHA facilities reported 2,959 severe occupational staffing shortages (roles considered “severe” shortages), only a slight improvement (5% fewer) compared to 2023. These figures, while slightly better than the prior year, remain alarmingly high and indicate that nearly every VA facility lacks the recommended number of doctors or nurses.
- At Togus VA Medical Center in Maine, veterans are waiting two months for primary care, triple the target wait time.
- In Temple, Texas, appointment delays have worsened in specialties like cardiology and oncology, while internal concerns cite the loss of “institutional knowledge” due to staff departures.
- Nationwide, the VA’s physician vacancy rate climbed to 13.7% this May, up from 12% the year prior.
These aren’t isolated issues. They point to broader challenges in the VA’s ability to recruit, retain, and deliver consistent care. The staffing strain is compounded by recent policy decisions. In March 2025, VA leadership announced plans to reduce the department’s workforce by at least 30,000 positions (after initially considering cuts as high as 70,000) as a cost-saving measure. By mid-2025 the VA had already shed over 17,000 employees through retirements and a federal hiring freeze.
When Veterans Pay the Price
VA officials have claimed that these issues are “routine” and that telehealth and private referrals can fill the gaps. But what happens when a veteran can't access primary care for months? When there's no continuity between doctors? When records go missing, as they did for one veteran in Texas identified in an investigative report who had to restart his treatment after the VA lost his allergy shot history?
When medical systems are stretched thin, it’s not just convenience that suffers. It’s safety. For patients, the most visible effects of understaffing are delays in getting care. As of mid-2025, the average wait time for a new VA outpatient surgery consult was 41 days – 13 days longer than the VA’s own target and worse than the prior year. These numbers underscore a troubling reality: staffing shortfalls are leading directly to slower service.
Delayed treatment, overworked staff, and insufficient follow-through dramatically increase the risk of:
- Missed or late diagnoses. Understaffing often translates to long waits for appointments, diagnostics, and specialist referrals. Critical conditions can worsen during these delays. For example, the VA’s own watchdog found that during the 2014 Phoenix VA crisis, over 3,400 veterans were stuck on secret waitlists and at least 28 patients suffered “clinically significant delays in care” – six of whom died as a result. The OIG condemned “unacceptable and troubling lapses in follow-up, coordination, quality and continuity of care” in Phoenix.
- Medication errors. Nurses and doctors juggling too many patients are more likely to commit medical errors, from medication mistakes to procedural errors. Established medical research draws a clear line: adequate staffing levels save lives. Hospitals with better nurse-to-patient ratios have lower patient mortality rates, while higher ratios correlate with more deaths. Studies show that medication errors are far more common when nurses work prolonged, high-stress shifts or manage excessive patient assignments.
- Neglected follow-ups or monitoring. Nurses and doctors juggling too many patients are more likely to commit medical errors, from medication mistakes to procedural errors. Established medical research draws a clear line: adequate staffing levels save lives. Hospitals with better nurse-to-patient ratios have lower patient mortality rates, while higher ratios correlate with more deaths. In the VA context, staff shortages have at times left critical units thinly covered, which can mean less time to double-check orders, monitor for side effects, or coordinate care.
Both the VA and the broader medical community have guidelines to mitigate these risks. The Joint Commission (which accredits hospitals) and organizations like the VA’s own National Center for Patient Safety emphasize that adequate staffing is a foundational element of patient safety. Hospitals are expected to have contingency plans to maintain minimum nurse-to-patient ratios and provider coverage even during shortages, to ensure no patient is neglected. When those standards are systematically not met, it signals a breach in the standard of care. In private hospitals, failure to staff appropriately (for instance, a lack of an on-call specialist leading to a treatment delay) can be deemed negligence. The same holds true at VA facilities. If a VA hospital cannot meet basic safety guidelines or timely-care benchmarks due to understaffing, it not only puts patients at risk but also potentially runs afoul of the duty of care that the VA owes to veterans.
The VA’s Shrinking Workforce
Compounding the problem is the VA’s sharp reduction in recruitment incentives — the very tools it once used to compete with private hospitals and fill vital front-line care roles.
In FY2024, the VA awarded:
- 20,000 retention bonuses
- 6,000 new hire signing bonuses
But in the first nine months of FY2025, those numbers plummeted:
- Just 8,000 employees received retention bonuses
- Only 1,000 new hires received recruitment incentives
The VA has said it can fill jobs without these programs, but ongoing vacancy rates and delays continue to raise concerns.
Ultimately, these staffing problems aren’t just administrative challenges; they’re breakdowns in a system veterans depend on. Many veterans living with chronic or service-connected injuries are being asked to navigate delays, gaps in care, and inconsistent communication from the providers they rely on most.
The consequences of that kind of instability can be far-reaching. Missed diagnoses, treatment delays, and lack of follow-up care don’t just undermine trust. They put veterans at risk of serious harm.
Veterans Have Rights. We Help Enforce Them.
At National Trial Law, we represent veterans and military families nationwide in cases involving VA medical malpractice, negligent treatment, failure to diagnose, and other breakdowns in care caused by federal institutions. When VA staffing failures lead to medical malpractice, veterans can bring a claim under the Federal Tort Claims Act. The FTCA is a federal law that allows individuals to sue the United States government for negligence by federal employees (including VA doctors, nurses, and other staff) acting within the scope of their duties.
We’ve seen what happens when delays turn into disaster and we’ve helped families pick up the pieces and fight back.
Our record includes:
- A $21.5 million verdict for a veteran who suffered catastrophic brain damage at the Manchester VA – the largest individual personal injury award in New Hampshire history. The vet in this case presented to the VA with a small stroke, but the VA did not schedule him for proper and timely follow up care. As a result, he suffered a much larger stroke that left him disabled.
- A $44.7 million trial judgment for a birth injury at an Air Force hospital. The failure to timely address fetal distress during labor and delivery can lead to lifelong complications for the family of a child born with profound brain injuries as a result of delayed care.
- $2.7 million settlement for a veteran who suffered medical malpractice at a Texas VA Hospital after a routine knee surgery. The VA failed to diagnose the problem with the surgery and as a result, our client needed multiple revision surgeries and, eventually, painful amputation of the Veteran’s leg.
These cases are complex. The VA rarely admits fault. But when veterans are harmed by negligence, the law provides a path to justice through the Federal Tort Claims Act (FTCA) and other federal remedies, and we know how to navigate them.
What to Do If You Suspect Negligence at the VA
If you or someone you love is experiencing delays, dismissive care, or troubling medical outcomes at a VA facility, here are some ways to stay proactive:
- Recognize Possible Malpractice. Ask whether the outcome was due to just bad luck or possibly bad care. Warning signs include: extreme delays in treatment that worsened your condition, lack of any follow-up after abnormal test results, receiving the wrong medication or treatment, or being turned away or put off despite urgent symptoms. For example, if a VA doctor repeatedly postponed a procedure and you were later told your prognosis is worse because of that wait, that’s a red flag. Or if a loved one died after not being able to see a specialist in time, that tragedy warrants investigation. If something feels wrong, trust your instincts and seek advice.
- Document everything. In potential negligence cases, documentation is key. Keep records of appointment dates (and any cancellations or rescheduling notices), names of providers seen, and what you were told. Save copies of relevant medical records; you have the right to request your VA medical records. If you have Secure Messaging or email communications with the VA, save those, especially anywhere you reported symptoms and were made to wait. These details can later help your attorneys piece together what went wrong.
- Ask questions. Don’t be afraid to advocate for timely referrals or second opinions. Be factual and specific in describing how the staffing shortage or lapse affected you.
- Don’t assume the delays are normal. Many veterans are told to "just wait." If that wait leads to harm, it may be a legal issue.
- Talk to a lawyer. Even if you’re not sure whether you have a case, a qualified attorney can help you understand your rights. Under the FTCA, you generally have two years from the date of the malpractice (or when you discovered it) to file an administrative claim. It’s wise not to delay once you suspect negligence. A lawyer can help draft the Form 95 with a sum of money you seek. Because the FTCA process has these procedural requirements, getting an attorney early can ensure you meet all deadlines and preserve your claim.
When the VA System Fails, We Fight for Those It Left Behind
Veterans and their families reading about these shortages are right to feel frustrated or even angry. You’ve upheld your duty. You’ve followed the rules. You shouldn’t have to suffer because the system that was built to support you can’t hold itself together. If your FTCA claim is successful, you could receive compensation for medical bills (including future care needs), lost wages or disability benefits, and pain and suffering. While no amount of money can truly make up for a serious health harm or the loss of a loved one, it can ease the financial burden and provide a measure of justice. Moreover, holding the VA accountable can drive changes so that other veterans don’t suffer the same fate.
At National Trial Law, we help veterans across the country pursue accountability when substandard VA care results in serious harm. We’re proud to be among the nation’s leading law firms for VA medical malpractice and federal injury claims.
If you have questions, need guidance, or think something about your care isn’t right, we want to help. Call (833) 913-1885 or contact us online for a consultation.