Nationwide VA Medical malpractice attorneys

Veterans Affairs (VA) Hospital Medical Malpractice Lawyers

If you believe you are the victim of medical malpractice at a VA hospital, contact us immediately. Our VA lawyers have handled many types of medical malpractice cases from across the country at VA hospitals, including patient neglect, spinal cord injuries, and failures to diagnose infections, cancers, and other diseases.

Our VA medical malpractice attorneys handle many types of cases:

  • Failure to diagnose cancer
  • Misdiagnosis or incorrect diagnosis of a serious illness or disease
  • Surgical mistakes, including leaving equipment, tools, sponges, inside the body (sometimes called “foreign body” cases)
  • Delay in diagnosing cauda equina syndrome
  • Failure to monitor serious conditions
  • Wrong medication prescribed or administered
  • Failing to prevent falls in high-risk patients
  • Wrongful death caused by medical malpractice
  • Failure to diagnose or treat a stroke
  • Spinal cord injury due to surgical negligence
  • Kidney failure from NSAIDs

How Do I Sue Veterans Affairs?

To recover against the VA for VA Medical Malpractice you must first present an administrative claim against the VA before you can file suit against the United States of America. When filing suit against the United States for injuries from medical malpractice at a VA hospital, individuals must follow the strict rules of the Federal Tort Claims Act.

Steps to file suit against Veteran’s Affairs under the FTCA:

  • Gather itemized medical bills, medical records from the VA hospital where the malpractice occurred, documentation of missed work and associated costs, estimates for cost of future medical care.
  • Talk with your lawyer about how your life has changed as a result of your injuries. Are there things you can no longer do for yourself? Do you experience new pain or disability? Has the injury impacted your ability to work, or your relationships?
  • With the help of an experienced lawyer, decide on the “sum certain” which is total damages for your claim including past and future medical bills, lost wages from missed work, future medical and attendant care needs, and pain and suffering damages such as mental anguish, pain, suffering, impairment, and disfigurement.
  • Present the Standard Form 95 within two years from the date the claim accrues (It’s best to consult one of our VA malpractice lawyers for help with this.)
  • If your claim is denied, or you receive a “constructive denial” (no response after six months from the date of submission of Form 95), you can opt to file a federal tort claims lawsuit in federal court. If you do not file a lawsuit or request reconsideration of the claim within six months of denial, you lose your right to recover.

We Can File Against Any VA Hospital or Clinic

National Trial Law can assist veterans in filing medical malpractice claims against virtually any Department of Veterans Affairs (VA) hospital or medical clinic in the country. We are proud to stand up for injured veterans, no matter where they lived or what medical setting mistreated them. We know that you have enough to deal with already, so please leave your case up to us, starting by letting us handle any communications, correspondences, and filings involving the VA hospital that hurt you or a loved one.

Our team of VA hospital malpractice attorneys can handle cases against these hospitals and more:

  • Bassett Army Community Hospital (AK)
  • Camp Pendleton Naval Medical Center (CA)
  • Darnall Army Community Health Center (TX)
  • Elgin Air Force Base Hospital (FL)
  • Fort Campbell Medical Center (Blanchfield) (TN, KY)
  • Fort Stewart – Winn Army Community Hospital (GA)
  • General Leonard Wood Army Community Hospital
  • Joint Base Elmendorf-Richardson (AK)
  • Joint Base Lewis-McChord (WA)
  • Madigan Army Medical Center (WA)
  • Mike O’Callaghan Military Medical Center (WV)
  • Naval Hospital Pensacola (FL)
  • Naval Medical Center Portsmouth (VA)
  • Naval Medical Center San Diego (CA)
  • San Antonio Military Medical Center (TX)
  • Tripler Army Medical Center (HI)
  • Walter Reed Medical Center (DC)
  • Wilford Hall Medical Center (KY)
  • William Beaumont Medical Center (TX)
  • Womack Army Medical Center (NC)
record-setting case results
  • $7,860,000 Settlement Army Hospital Birth Injury
  • $6,500,000 Settlement Air Force Hospital Birth Injury
  • $5,800,000 Settlement Army Hospital Birth Injury
  • $5,117,473.50 Trial Judgment Air Force Hospital Medical Malpractice
  • $5,000,000 Settlement Army Hospital Failure to Diagnose
  • $5,000,000 Settlement Army Hospital Failure to Diagnose

Should I File a Claim Myself?

You can file a claim yourself, but it is much better to work with an experienced VA medical malpractice lawyer.  We know from reported settlements that veterans represented by lawyers recover two times (or more) as much as those who submit FTCA claims without lawyers. Attorney fees are capped under the FTCA at 20-25% of any settlement or judgment recovered on your behalf.

When an experienced VA malpractice lawyer files your FTCA claim, your attorney will

  • Draft Form 95 correctly from the start, avoiding time lost to correcting errors;
  • Emphasize details of your case that increase your likelihood of a recovery;
  • Help prepare additional documents should they be needed;
  • Retain qualified experts to bolster your claim with helpful expert reports;
  • Negotiate a settlement on your behalf;
  • Assist with claim adjustments and appeals; and
  • Be ready to file a lawsuit should your administrative remedies be exhausted.

Avoid claim blunders that result in forfeiture of your claim. You can lose valuable time correcting mistakes, and you don’t want to squander one of the only chances that you have to recover damages. Your safest bet is to consult with one of our experienced VA attorneys. They will use their expertise in handling FTCA cases to present the best administrative claim possible for you.

Our firm has decades of experience with federal tort claims and FTCA lawsuits.  Our seasoned VA lawyers have secured hundreds of millions of dollars for victims of VA hospital medical malpractice including a $21.59 million dollar trial judgment, in which our clients received $15.88 million for a medical error at a VA hospital.  It is in your best interest to move quickly and contact us about your case today.  You don’t want to lose your right to compensation because you waited too long. The more time our law firm has to review your file and prepare your claim, the better. Call us today for a no obligation telephone consultation.

Real Client testimonials

  • Helped me navigate an extremely complex system

    “I couldn’t recommend her enough.”

  • Very impressed

    “She always responded quickly and kept me informed at all times.”

  • Instantly put us at ease.

    “Words cannot fully express the amount of gratitude that we have for the both of you.”

  • The entire team was always professional and supportive.

    “Chip was always there to answer questions, calm me down and let me know everything was going to be okay!”

  • We are truly grateful for Jamal and his team

    “After a long and lengthy process we feel secure in that we will be able to provide everything our son needs and deserves through the trusts that they set up for him.”

Case Results

You can see all of our Veterans Administration lawsuits on our case results page. We also have managed to get results all across the United States. Above are some case results our VA medical malpractice lawyers have gotten against the Department of Veterans Affairs specifically.

Iraq War Veteran

A young combat veteran of the Iraq war was 27 years old when he called the Dallas VA appointment line to request an appointment due to back pain. The next evening, he began experiencing urinary incontinence at home. He woke from a nap having wet himself. He presented to the Dallas VA complaining of lumbar back pain, decreased muscle strength and numbness of the lower extremities, bladder dysfunction, lower extremity radicular pain, and difficulty walking. He was seen by a physician’s assistant. A future lumbar MRI was ordered (with no time or date specified) and he was discharged home.

With no improvement and dissatisfied with his treatment at the VA, he presented to a private hospital in Dallas where a CT of the lumbar spine revealed an extruded disc with a free-floating fragment. The diagnosis of cauda equina syndrome was made and he was transferred for emergency surgery, but it was too late.

At the age of 27, this veteran faces the rest of his life as a paraplegic suffering from permanent cauda equina syndrome. Because the Dallas VA failed to diagnose his cauda equina syndrome and perform surgery within 48 hours of the onset of symptoms, he suffered permanent neurologic damage. He is a paraplegic and suffers from bowel, bladder, and erectile dysfunction. He must use crutches or is confined to a wheelchair. He suffers daily pain and numbness. All of these damages were preventable if the VA timely diagnosed and treated his cauda equina syndrome. The VA settled his case pre-suit for $800,000.

Vietnam War Veteran

A veteran of the Vietnam War suffered a similar fate following back surgery at the West Los Angeles VA. The veteran underwent a L4-5 and L5-S1 laminectomy. Before surgery, he suffered back pain but did not have problems with bowel function, urination, or sexual function. He did not have difficulty walking.

The day after surgery, the veteran complained to the nurse of numbness in the scrotum, unable to feel sensation, and dull sensation in his right leg. The symptoms persisted and worsened. Soon he was numb from his waist down, incontinent of urine and bowel, and had no feeling in his genital area. He was diagnosed with saddle anesthesia defined as a loss of sensation restricted to the area of the buttocks and perineum.

The post-operative changes he was experiencing are symptoms of cauda equina syndrome, which is an emergency requiring prompt surgical intervention to reduce pressure on the cauda equina nerves. The neurosurgeon was informed of the veteran’s symptoms, but no imaging studies, further examination, or action of any kind was taken. When his doctors finally took him back to surgery two weeks later, it was too late. He now suffers from urinary and bowel incontinence, loss of sexual function, paresthesia lateral and posterior aspects of both legs, and pedal and lower extremity edema. He was told that the symptoms have been present for so long that the damage was permanent. His case was settled before trial for $800,000.

It is extremely time-consuming and expensive to pursue a complex military case, but our firm can skillfully guide you through the litigation process. Contact our attorneys today to schedule a consultation.

National Recognition

  • Super Lawyers 2023
  • Austin Monthly’s Top Attorneys of 2022
  • Outstanding 50 Year Lawyer Award 2022 – Texas Bar Foundation Awards
  • – “Best Personal Injury Lawyers in Austin 2022”
What sets us apart:

    More attorneys named Super Lawyers by Thomson Reuters in the “Personal Injury Medical Malpractice: Plaintiff” category in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023 than any other law firm in Texas (Bill Whitehurst, Chip Brees, Michelle Cheng, Jamal Alsaffar, Laurie Higginbotham and Tom Jacob)


    Founded in Austin with more than 50 years of trial experience.


    National results in complex personal injury litigation.


    Many experienced lawyers ready to serve you.


    Our team has multiple Spanish speaking staff members.

Texas roots. National Reach.

Contact Us today.
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