Medical Malpractice at
San Francisco VA Medical Center

The San Francisco VA Medical Center (SFVAHCS) serves as a critical healthcare hub for veterans throughout northern California, providing comprehensive medical services to those who have served our nation. As a major VA medical facility with over 124 operating beds and nearly 800,000 outpatient visits annually, this center delivers everything from routine primary care to complex surgical procedures and specialized treatments.

Medical errors and negligence can occur despite the generally appropriate care at this facility. When veterans suffer harm due to substandard medical care at the San Francisco VA Medical Center, they have legal rights under the Federal Tort Claims Act (FTCA). However, these cases require specialized knowledge of both medicine and federal law.

At Archuleta Law Firm, our unique combination of medical and legal expertise – including our founder who holds both MD and JD degrees – allows us to thoroughly evaluate VA medical malpractice claims. With over 25 years of experience and more than $145 million recovered for clients, we understand the complexities of proving negligence in the VA healthcare system.

Established in 1934, the San Francisco VA Medical Center has grown into one of northern California's premier veterans' healthcare facilities. Following a major renovation and seismic retrofit completed in 2016, the medical center continues its mission of serving veterans with state-of-the-art medical care and technology.

The facility offers comprehensive healthcare services including general surgery, cardiovascular surgery, neurosurgery, orthopedic surgery, and round-the-clock emergency care. The facility trains over 1,600 medical residents annually through its affiliation with the University of California San Francisco School of Medicine, while offering specialized cardiology, oncology, mental health, and rehabilitation services.

Under the leadership of Director Bonnie S. Graham and Chief of Staff Dr. Robert Merchant, the medical center serves as a crucial component of California's VA healthcare network. The facility's commitment to veteran care is demonstrated through its extensive outpatient services and specialized treatment programs.

• Surgical Errors: Given the facility's high surgical volume across multiple specialties, mistakes can occur during procedures. Common issues include wrong-site surgery, retained surgical instruments, and post-operative complications. Learn more about surgical malpractice claims →

• Emergency Department Mistakes: The 24/7 emergency department handles numerous urgent cases daily. Errors in triage, delayed treatment, and mismanagement of acute conditions can lead to serious harm. Learn about emergency room error claims →

• Diagnostic Failures: With hundreds of thousands of outpatient visits annually, missed or delayed diagnoses are a significant concern. These errors often occur in complex cases or when proper testing protocols aren't followed. Read about misdiagnosis claims →

• **Medication Errors **birth injury claims →****: Managing medications across multiple departments creates risks of dangerous prescribing or administration errors. Veterans with multiple conditions are particularly vulnerable to these mistakes.

• Hospital-Acquired Infections: Despite infection control protocols, patients may develop serious infections during their hospital stay, particularly following surgical procedures or extended admissions.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing legal action for medical malpractice at the San Francisco VA Medical Center. This initial claim is filed using Standard Form 95 (SF-95) with the VA Regional Counsel.

For claims involving care at the San Francisco VA Medical Center, submit your SF-95 to:

Office of Regional Counsel (02) VA Regional Office 1301 Clay Street, Suite 1300N Oakland, CA 94612

Strict deadlines apply to these claims. You must file your administrative claim within two years of when you knew or should have known about the malpractice. The VA then has six months to review your claim. If your claim is denied or the review period expires, you have six months to file a federal lawsuit.

For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in California →

While FTCA claims are governed by federal law, California's medical malpractice regulations can influence certain aspects of VA cases. Under California Civil Code § 3333.2, there's a cap on non-economic damages in medical malpractice cases, though federal courts may apply these differently in FTCA claims.

The interaction between federal and state law in VA medical malpractice cases can be complex. For detailed information about how California law affects your claim, visit our California VA Medical Malpractice Guide →

You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel in Oakland. This must be done within two years of discovering the malpractice. Documentation of your injury and evidence of negligence should accompany your claim.

What is the deadline for filing a claim against San Francisco VA Medical Center?

The statute of limitations is two years from when you knew or should have known about the malpractice. Missing this deadline typically bars you from pursuing a claim, so it's crucial to act promptly.

Can I sue San Francisco VA Medical Center directly?

No, you cannot sue the facility or its employees directly. Claims must be filed under the Federal Tort Claims Act (FTCA) against the United States government, following specific administrative procedures.

What damages can I recover for malpractice at San Francisco VA Medical Center?

You may be entitled to compensation for medical expenses, lost wages, future care needs, and pain and suffering. While California has damage caps for medical malpractice, federal courts handle FTCA damages differently.

Do I need a California attorney for my San Francisco VA Medical Center claim?

While not required, it's highly recommended to work with an attorney experienced in both VA medical malpractice and FTCA claims. These cases involve complex federal procedures and medical evidence that general malpractice attorneys may not be familiar with.

How long does the claim process take?

After filing your administrative claim, the VA has six months to investigate and respond. If your claim is denied or the six months expire without a decision, you then have six months to file a federal lawsuit. The total process can take anywhere from several months to several years.

We also handle medical malpractice cases at these California facilities:

• 60th Medical Group, David Grant USAF Medical Center (Travis AFB) →
• Fresno VA Medical Center (Fresno) →
• Jennifer Moreno VA Medical Center (San Diego) →
• Jerry L. Pettis Memorial Veterans' Hospital (Loma Linda) →
• Martinez VA Medical Center (Martinez) →

If you believe you've experienced medical malpractice at the San Francisco VA Medical Center, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you have the right to seek compensation for injuries caused by negligent medical care at VA facilities, but strict deadlines and procedures must be followed.

The FTCA requires you to file your claim within two years from when you knew or should have known about the injury and its cause. This starts with filing Standard Form 95 (SF-95) with the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

For VA medical malpractice cases in San Francisco, working with an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with medical experts. Their unique combination of medical and legal expertise helps establish the critical connection between the VA's negligence and your injuries.

Through an FTCA claim, you may be eligible to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For veterans with service-connected disabilities, it's important to note that filing an FTCA claim won't affect your existing VA benefits or disability compensation.

Given the complexity of these cases and the stringent deadlines involved, it's essential to have your case evaluated as soon as possible. Many attorneys who handle VA medical malpractice cases offer free initial consultations to review your medical records and determine if you have a viable claim. During this evaluation, they can explain your legal options and help you understand the strength of your case without any upfront cost or obligation.

Don't let concerns about legal fees prevent you from seeking justice - most attorneys handling FTCA claims work on a contingency fee basis, meaning they only get paid if they win your case. Contact a qualified attorney today for a free, confidential evaluation of your potential claim against the San Francisco VA Medical Center.

We handle various types of VA and military medical malpractice cases in California:

• California Surgical Errors Cases →
• California Emergency Room Errors Cases →
• California Brain Injury Cases →
• California Spinal Cord Injury Cases →
• California Misdiagnosis Cases →
• California Medication Errors Cases →