Federal Tort Claims Act Process

The Federal Tort Claims Act is the statute which allows Veterans to sue VA hospitals, doctors, and medical centers for medical malpractice.  This is a complex area of the law with many interconnected parts and strict deadlines.  The basics are as follows:

• An Administrative Claim is filed with the VA describing the injury or claim.  This must be filed within a strict period of time after the injury occurred or the claim accrued.
  
• The claim must describe the injury and must demand a monetary amount.   
  
• Following the filing of this demand, the VA has 6 months to respond.  If no response is made, then suit may be filed in the Federal Courts. 
  
• If the VA makes a response, settlement negotiations may begin. 
  
• If the claim proceeds to the Federal Courts, then the case will be heard by a Federal Judge.  The right to a jury trial is not available.