Veterans deserve medical care that honors their service—and when VA clinics provide that care, the expectation is that it meets high standards. Unfortunately, harmful errors sometimes happen, and the impact can be severe when they do. At National Trial Law, we work with veterans and their families to uncover what went wrong, who may be liable, and how to obtain justice.
Common Errors in VA Clinic & Hospital Settings
Veterans depend on VA healthcare facilities for a wide range of services: primary care, specialized treatment, surgeries, follow-ups, mental health care, and more. In certain malpractice issues and system failures are more common than in these settings, many realize. Some of the recurring error types include:
Misdiagnosis or Delayed Diagnosis
One of the most damaging mistakes. If a condition—cancer, heart disease, infection, or otherwise—is not identified soon enough, treatment may be delayed or ineffective. At VA clinics, delays or wrong initial diagnoses harm veterans when early intervention would have made a difference.
Medication Errors
Prescribing the wrong drug, incorrect dosage, failure to consider drug interactions or allergies—all of these are serious risks in any medical context, including VA clinics. Sometimes, the wrong route of administration (oral, IV, etc.) or neglecting to track a veteran’s complete medical history contributes.
Surgical Mistakes
Even minor surgeries carry risk. Surgical errors at VA facilities might include operating on the wrong site or side, leaving instruments behind, nerve damage, or performing steps improperly. Post-operative care mistakes—poor infection control, inadequate monitoring—can turn a surgery that goes well into a life-altering event.
Anesthesia-Related Errors
Errors involving anesthesia—such as improper dosing, lack of monitoring, failure to recognize or respond to complications—can lead to serious injury or even death. Anesthesia is especially high risk because tiny mistakes may have large consequences.
Failure to Treat or Monitor
After diagnosis or surgery, continued care is crucial. Veterans sometimes suffer because follow-ups are missed, alarming test results are ignored, vital signs or labs are not properly monitored, or discharges occur too soon. These failures can let conditions worsen undetected.
Infections & Sanitation Issues
Healthcare facility environments must maintain high standards of cleanliness. Inadequate sterilization, improper hygiene practices, or lapses in infection control protocols may lead to hospital‐acquired infections that complicate recovery.
Legal Framework & How Veterans Can Pursue a Claim
Veterans harmed by medical malpractice at VA clinics don’t follow the same path as traditional state malpractice cases. There are special rules, deadlines, and procedures under federal law. Here’s what veterans need to know:
Claims Under the Federal Tort Claims Act (FTCA)
When medical providers employed by the VA are negligent, veterans may be able to bring a claim under the FTCA. This means the defendant is the United States government, not solely the hospital or individual provider.
Administrative Claim First
To preserve their right to sue, veterans usually must submit an administrative claim using Standard Form 95 (or similar) before filing a lawsuit in federal court. This step is mandatory.
Strict Deadlines / Statute of Limitations
There are time limits for bringing claims—often two years from the date of injury or from the date the injury was or should have been discovered. If deadlines are missed, the right to sue may be lost.
Proving Negligence
Like other malpractice claims, it’s necessary to establish four basic elements: that there was a duty of care; a breach of that duty; a causal connection between the breach and the harm; and damages resulting from the harm. Medical experts are usually required to show what the standard of care should have been and how the VA facility failed to meet it.
Damages & Compensation
If successful, veterans may recover damages such as medical expenses, rehabilitation costs, lost wages (where applicable), pain and suffering, and sometimes other losses. The value of a case depends on the severity, permanence of the injury, and impact on quality of life.
Veterans Affairs (VA) Medical Malpractice Attorneys
If you are a veteran (or representing one) who was harmed by medical or surgical error at a VA clinic, you don’t have to navigate this alone. At National Trial Law, we help veterans understand their rights, prepare the forms, gather detailed medical and expert evidence, comply with deadlines, and fight for the compensation and accountability you deserve.
Call us today at (833) 913-1885 or fill out our online contact form for a free consultation. We’re here to make sure your service is honored with justice.