Texas has one of the nation's largest military medical networks, including Brooke Army Medical Center at Joint Base San Antonio—one of the largest DOD hospitals—along with Wilford Hall Ambulatory Surgical Center, Darnall Army Medical Center at Fort Cavazos, Carl R. Darnall Army Medical Center, and Naval Health Clinic Corpus Christi. Veterans receive care through the South Texas Veterans Health Care System in San Antonio, the Michael E. DeBakey VA Medical Center in Houston, and VA facilities in Dallas, El Paso, and across the state. If negligent care at any of these federal facilities harmed you, the Federal Tort Claims Act (FTCA) allows you to pursue compensation. Texas caps non-economic damages in medical malpractice cases under Tex. Civ. Prac. & Rem. Code § 74.301. FTCA claims must be filed within two years. The Archuleta Law Firm has recovered over $145 million for military and VA malpractice victims. Get your free case evaluation.
How to File a VA Medical Malpractice Claim in Texas
Filing a medical malpractice claim against a Texas VA facility or military hospital requires navigating the Federal Tort Claims Act (FTCA). Unlike private medical malpractice lawsuits, you cannot sue the federal government directly. Instead, you must follow a specific administrative process before you can take legal action.
Step 1: Document Your Injury and Gather Evidence
Before filing, collect comprehensive documentation of your injury:
- Medical records from all treating facilities (VA, military, and private)
- Photographs of visible injuries or complications
- Timeline of symptoms and treatment
- Witness statements from family members or fellow patients
- Financial records documenting expenses and lost wages
Step 2: Obtain Your VA Medical Records
Request your complete medical records from the Texas VA facility where you received care. Under the Privacy Act and HIPAA, you have the right to your records. File a request using VA Form 10-5345. Records are typically provided within 30-60 days.
Step 3: File Standard Form 95 (SF-95)
The SF-95 is your official administrative claim and must include:
- A detailed description of the negligent act
- Specific injuries or harm you suffered
- A "sum certain" dollar amount you're claiming
- Supporting documentation
Important: The sum certain amount you list is critical - you generally cannot recover more than this amount in court.
Step 4: Wait for the Agency Response
After filing, the VA Office of General Counsel has six months to investigate and respond. They may:
- Approve your claim and offer a settlement
- Deny your claim
- Request additional information
- Take no action (constructive denial)
Step 5: File a Federal Lawsuit (If Necessary)
If your claim is denied or the agency fails to respond within six months, you have six months from the denial date (or the end of the six-month waiting period) to file a lawsuit in federal court.
Texas FTCA Claims: State Law Considerations
While FTCA claims are federal in nature, Texas state law applies to determine the standard of care and damages under 28 U.S.C. § 1346(b). Key Texas considerations include:
Statute of Limitations
The FTCA imposes a strict two-year deadline from the date you discovered (or reasonably should have discovered) your injury. Texas courts interpret the "discovery rule" which may affect when your deadline begins, but don't rely on extensions - act quickly.
Texas Damage Caps
Texas caps non-economic damages in medical malpractice cases:
- $250,000 per healthcare provider
- $500,000 maximum for all providers combined
- No cap on economic damages (medical bills, lost wages)
Note: Courts have debated whether Texas caps apply to FTCA claims. This is a complex legal issue our attorneys can analyze for your specific case.
Expert Witness Requirements
Texas requires expert medical testimony to establish:
- The standard of care that should have been provided
- How the care you received fell below that standard
- That the substandard care caused your injury
Were You Harmed at a Texas Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Texas, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Texas Medical Malpractice Cases
We handle these types of claims at Texas VA & military facilities
Texas Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Texas VA hospitals and military treatment facilities
View Texas casesTexas Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Texas VA hospitals and military treatment facilities
View Texas casesTexas Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Texas VA hospitals and military treatment facilities
View Texas casesTexas Wrongful Death
Fatal medical errors and negligent care at Texas VA hospitals and military treatment facilities
View Texas casesTexas Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Texas VA hospitals and military treatment facilities
View Texas casesTexas Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Texas VA hospitals and military treatment facilities
View Texas casesTexas Medical Facilities
130 VA hospitals, clinics, and military treatment facilities
Audie L. Murphy Memorial Veterans' Hospital
Brooke Army Medical Center (BAMC)
Fort Sam Houston
Dallas Medical Center
Doris Miller Department of Veterans Affairs Medical Center
George H. O'Brien, Jr., Department of Veterans Affairs Medical Center
Kerrville Medical Center
Michael E. DeBakey Department of Veterans Affairs Medical Center
Olin E. Teague Veterans' Center
Sam Rayburn Memorial Veterans Center
Soldier Family Medical Center (West Bliss)
Fort Bliss
Thomas E. Creek Department of Veterans Affairs Medical Center
17th Medical Group - Goodfellow Air Force Base Clinic
Goodfellow Air Force Base
7th Medical Group - Dyess Air Force Base Clinic
Dyess Air Force Base
82nd Medical Group
Sheppard Air Force Base Clinic
Abilene Clinic
Airman Medical Transition Unit
JBSA Lackland, 59th Medical Wing, Medical Support Squadron
Balcones Heights Clinic
Beaumont Clinic
Brownsville Clinic
Brownwood Clinic
Bryan Clinic
Cedar Park Clinic
Charles Wilson Department of Veterans Affairs Outpatient Clinic
Childress Clinic
Colonel Charles and JoAnne Powell Clinic
Conroe Clinic
Copperas Cove Clinic
Corpus Christi Clinic
Corpus Christi Mobile Medical Unit
Corpus Christi West Point Clinic
CPT Jennifer M. Moreno Primary Care Clinic
Fort Sam Houston
Dalhart Clinic
Data Point Clinic
Decatur Clinic
Denton Clinic
El Paso Central Clinic
El Paso Eastside Clinic
El Paso Northeast Clinic
El Paso South Central Clinic
El Paso Clinic
El Paso Westside Clinic
Fort Sam Houston
McWethy Troop Medical Clinic (TMC)
Fort Stockton Clinic
Fort Worth Clinic
Galveston County Clinic
Garland Medical Center
Granbury Clinic
Grand Prairie Clinic
Greenville Clinic
Harlingen Clinic
Harlingen Clinic-Treasure Hills
Houston Webster Clinic
Killeen Clinic
Kingwood Clinic
LaGrange Clinic
Lake Jackson Clinic
Laredo Clinic
Lubbock Clinic
McAllen Clinic
Mendoza Soldier Family Care Center
Biggs Air Field, Fort Bliss
Naval Branch Health Clinic Fort Worth
Naval Air Station, Joint Reserve Base Fort Worth
Naval Branch Health Clinic Kingsville
Naval Air Station Kingsville
Naval Health Clinic Corpus Christi
Naval Air Station Corpus Christi
New Braunfels Clinic
North Bexar Clinic
North Central Federal Clinic
North East Bexar Clinic
North West San Antonio Clinic
Occupational Health Clinic — Red River Army Depot
Red River Army Depot
Palestine Clinic
Polk Street Clinic
Randolph Clinic - 559th Medical Squadron
Randolph Air Force Base
Richmond Clinic
San Antonio Pecan Valley Clinic
San Antonio Randolph Clinic
San Antonio Clinic
Shavano Park Clinic
Sherman Clinic
South Bexar County Clinic
South Enterprize Clinic
Southwest Clinic
Sugar Land Clinic
Temple Clinic
Texas City Clinic
Tomball Clinic
Tyler Centennial Clinic
U.S. Congressman Sam Johnson Memorial Clinic
Victoria Clinic
Walzem Clinic
Wichita Falls Clinic
Wilson and Young Medal of Honor Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyTexas government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Texas VA Claims
What is Military Medical Malpractice in Texas?
Military medical malpractice in Texas involves medical negligence by a military or VA healthcare provider within the state. This can occur in VA hospitals or military medical facilities where the level of care falls below the accepted standard, resulting in injury or harm to patients. If you believe you have been a victim of medical malpractice, it is essential to consult with experienced professionals. The Archuleta Law Firm provides resources and extensive experience on VA Medical Malpractice.
How do Texas laws affect my ability to file a VA medical malpractice claim?
While the Federal Tort Claims Act (FTCA) does not impose federal damage caps, Texas has specific laws that impact VA medical malpractice claims, such as caps on non-economic damages. Understanding these laws is crucial for filing a successful claim. It's recommended to seek legal guidance from an attorney familiar with both state and federal law. Learn more about your options and the legal processes on our FTCA and VA Payouts page.
What is the process for filing a military medical malpractice claim in Texas under the FTCA?
To file a military medical malpractice claim in Texas under the FTCA, you must submit a Standard Form 95 within two years of discovering the injury. This form is a critical component of the administrative claims process and initiates the government’s review of your case. For step-by-step guidance, visit our page on Standard Form 95.
Can I sue the VA for medical negligence in Texas?
Yes, you can sue the VA for medical negligence in Texas through the FTCA, which allows individuals to bring claims against the federal government. The Archuleta Law Firm has extensive experience in handling such claims and can assist you in navigating the complexities involved. Discover more about your rights and legal avenues on our Can You Sue the VA? page.
What types of damages can I claim in a military medical malpractice case in Texas?
In a military medical malpractice case in Texas, you can claim economic damages for monetary losses such as medical expenses and lost wages, and non-economic damages for pain and suffering. Although Texas has caps on non-economic damages, a detailed evaluation of your case is necessary to maximize your claim. Explore more about potential claims and reimbursements on our VA Tort Claim Payouts.