Navy FTCA Team

Navy Medical Malpractice

We help Navy veterans and military families understand their medical malpractice claim options.

Navy Record: $13.7MLarge Navy Settlement
Total Won: $21M+Navy Recoveries

Can You Sue the Navy for Medical Malpractice?

Yes, if you are a veteran, retiree, or military family member. Anyone treated at a Navy or Marine Corps medical facility who is not on active duty has full rights to sue the federal government under the Federal Tort Claims Act (28 U.S.C. § 1346(b)) — the same law any civilian uses to hold a federal employee accountable for negligent care.

Active-duty servicemembers face a different rule. The Feres Doctrine generally bars active-duty personnel from suing in federal court for injuries incident to service, though the 2020 NDAA created a limited Department of Defense administrative claim (10 U.S.C. § 2733a) for malpractice at a military treatment facility. Filing deadlines are strict — two years from the date of injury under 28 U.S.C. § 2401(b) — so speak with an attorney as soon as possible.

Filing an FTCA Claim Against the Navy

A Navy malpractice case does not begin in court. Under 28 U.S.C. § 2675(a) you must first present a written administrative claim — Standard Form 95 — to the Department of the Navy and let the agency review it. Only after the Navy denies the claim, or six months pass with no decision, may you file suit in U.S. District Court. Skipping this step gets a lawsuit dismissed.

1. File Standard Form 95 within two years
The claim must reach the Department of the Navy within two years of the date the injury accrued (28 U.S.C. § 2401(b)). It must state a specific dollar sum — a “sum certain” — and that figure caps what you can later recover in court under 28 U.S.C. § 2675(b). Our guide to completing Standard Form 95 walks through each box on the form.
2. Wait out the Navy’s six-month review
The agency has six months to admit, deny, or settle the claim. If it does not respond in that window, you may treat the silence as a denial and proceed to federal court. Many Navy claims resolve at this administrative stage without a lawsuit.
3. File suit within six months of a denial
Once the Navy issues a written denial, 28 U.S.C. § 2401(b) gives you six months to file in U.S. District Court. There is no jury in an FTCA case — a federal judge decides it — and attorney fees are capped by 28 U.S.C. § 2678 at 25% of a judgment or court-approved settlement, or 20% of an administrative settlement.

The process is the same one that governs every claim against the federal government. For the full statutory walkthrough, see our guide to VA and military medical malpractice claims under the FTCA, or the broader question of whether you can sue the federal government.

Navy Results

Our Results Against the U.S. Navy

Significant settlements secured for Navy veterans and active duty personnel

Navy Settlement History

Major FTCA recoveries for Navy families

$21M+

Total Navy Recoveries

Settlement Amount	Client Recovery	Legal Fees	Branch
$13,690,648	$9,183,752	$3,125,000	Navy
$3,000,000	$2,322,359	$600,000	Navy
$2,300,000	$1,623,930	$575,000	Navy
$2,000,000	$1,433,500	$500,000	Navy

$13,690,648

Navy

Client Received

$9,183,752

Legal Fees

$3,125,000

$3,000,000

Navy

Client Received

$2,322,359

Legal Fees

$600,000

$2,300,000

Navy

Client Received

$1,623,930

Legal Fees

$575,000

$2,000,000

Navy

Client Received

$1,433,500

Legal Fees

$500,000

View All Case Results

Understanding the review

Three questions that shape a review.

The care setting, the medical record, and the applicable legal rules each contribute to understanding a potential claim.

Editorial illustration of organized medical records and report dividers. — An illustrated guide to the questions behind a review.

Explore the questions

Care contextWhere and by whom was care provided?

The facility, the provider’s employment status, and the circumstances of treatment help identify which legal rules may apply.

Useful to knowThe facility name, approximate dates, and people involved are a useful starting point.

Medical recordsWhat does the record help explain?

Treatment notes, test results, referrals, and follow-up records help connect the sequence of care and identify questions that need closer review.

Useful to knowDescribe the treatment and changes in condition you remember. Records can help fill in the sequence.

Legal optionsWhich questions need legal review?

A potential claim requires review of the standard of care, causation, and the relevant claim requirements. The available route depends on the circumstances.

Useful to knowEligibility, filing requirements, and potential next steps need an assessment of the specific facts.

A poor outcome alone does not establish medical malpractice.

Frequently Asked Questions

Navy Medical Malpractice FAQ

Can veterans sue the Navy for medical malpractice?

Yes. Veterans, retirees, and military dependents treated at a Navy or Marine Corps medical facility have full rights to sue under the Federal Tort Claims Act (28 U.S.C. § 1346(b)) — the same law any civilian uses to sue a federal employee for negligence. The Feres Doctrine does not apply to this group.

Does the Feres Doctrine block Navy malpractice claims?

It depends who was injured. The Feres Doctrine bars active-duty servicemembers from suing in federal court for injuries incident to service — it does not apply to veterans, retirees, or family members receiving care at the same facility. See our full explanation of the Feres Doctrine and its exceptions.

What if I'm still on active duty when I was harmed?

Active-duty servicemembers generally cannot sue in federal court due to Feres, but the 2020 NDAA created a limited administrative remedy — a Department of Defense claim under 10 U.S.C. § 2733a — for malpractice at a military treatment facility. It is not a lawsuit and works differently than a veteran's FTCA claim; an attorney can help you determine which process applies.

How long do I have to file a claim against a Navy medical facility?

Under 28 U.S.C. § 2401(b), you must file a Standard Form 95 administrative claim within two years of the date the injury accrued. Missing this deadline almost always bars the claim, so contact an attorney as soon as possible after discovering the harm.

What compensation is available in Navy malpractice cases?

Compensation depends on the injury, liability, and case facts. Archuleta Law Firm's results against the Navy include a $13.7 million recovery. Prior results do not guarantee a similar outcome in any future case.

104 Navy & Marine Corps Facilities

Navy Hospitals & Naval Medical Centers

Complete list of U.S. Navy hospital locations, naval medical treatment facilities, and Marine Corps medical centers. If you experienced medical malpractice at any of these facilities, you may have an FTCA claim.

Naval Hospitals

Medical Centers

Clinics & Other

U.S. Navy Hospitals & Naval Medical Centers

HospitalNavy

Naval Hospital Beaufort

1 Pinckney Blvd.Beaufort, SC 29902-6148

(843) 228-5600

Monday – Friday, 7:30 a.m. - 4:00 p.m.

Navy Medical Malpractice

Can You Sue the Navy for Medical Malpractice?

Filing an FTCA Claim Against the Navy

1. File Standard Form 95 within two years

2. Wait out the Navy’s six-month review

3. File suit within six months of a denial

Our Results Against the U.S. Navy

Navy Settlement History

Three questions that shape a review.

Navy Medical Malpractice FAQ

Can veterans sue the Navy for medical malpractice?

Does the Feres Doctrine block Navy malpractice claims?

What if I'm still on active duty when I was harmed?

How long do I have to file a claim against a Navy medical facility?

What compensation is available in Navy malpractice cases?

Navy Hospitals & Naval Medical Centers

U.S. Navy Hospitals & Naval Medical Centers

Naval Hospital Beaufort

Naval Hospital Bremerton

Naval Hospital Camp Pendleton

Naval Hospital Jacksonville

Naval Hospital Pensacola

Naval Hospital Twentynine Palms

Navy Hospitals Overseas

Naval Hospital Guantanamo Bay

U.S. Naval Hospital Naples

U.S. Naval Hospital Okinawa

U.S. Naval Hospital Rota

U.S. Naval Hospital Sigonella

U.S. Naval Hospital Yokosuka

U.S. Naval Hospital, Guam

Navy Medical Treatment Facilities & Clinics (80)

Naval Branch Health Clinic, Indian Head

13 Area Branch Health Clinic (Mainside)

21 Area Branch Medical Clinic (Del Mar)

22 Area Branch Health Clinic (Chappo)

31 Area Branch Health Clinic (Edson Range)

33 Area Branch Health Clinic (Margarita)

43 Area Branch Health Clinic (Las Pulgas)

52 Area Branch Health Clinic (San Onofre)

53 Area Branch Health Clinic (Horno)

62 Area Branch Health Clinic (San Mateo)

Branch Health Clinic Bangor

Branch Health Clinic China Lake

Branch Health Clinic Dam Neck Annex

Branch Health Clinic Everett

Branch Health Clinic Kaneohe Bay

Branch Health Clinic Marine Corps Air Station Beaufort

Branch Health Clinic Naval Station Norfolk

Branch Health Clinic Northwest

Branch Health Clinic Oceana

Branch Health Clinic Parris Island

Branch Health Clinic Yorktown

Branch Medical Clinic Barstow

Branch Medical Clinic Marine Corps Air Station Miramar

Branch Medical Clinic Wahiawa

Branch Medical Clinic Yuma

David R. Ray Branch Health Clinic (The Basic School)

John H. Bradley Branch Health Clinic (Officer Candidate school)

Lakehurst Naval Health Clinic

Mechanicsburg Branch Health Clinic

Naval Branch Dental Clinic Monterey

Naval Branch Health Clinic - Philadelphia (Occupational Health Clinic)

Naval Branch Health Clinic (Point Mugu)

Naval Branch Health Clinic Albany

Naval Branch Health Clinic at Corry Station

Naval Branch Health Clinic Belle Chasse

Naval Branch Health Clinic Crane

Naval Branch Health Clinic Dahlgren

Naval Branch Health Clinic Eastlake

Naval Branch Health Clinic El Centro

Naval Branch Health Clinic Fallon

Naval Branch Health Clinic Fort Worth

Naval Branch Health Clinic Gulfport

Naval Branch Health Clinic Jacksonville

Naval Branch Health Clinic Kearny Mesa

Naval Branch Health Clinic Key West

Naval Branch Health Clinic Kings Bay

Naval Branch Health Clinic Kingsville

Naval Branch Health Clinic Mayport