Arizona veterans and military families receive care at VA medical centers throughout the state. If negligent care at any of these government facilities caused you harm, you may pursue compensation under the Federal Tort Claims Act (FTCA). The Archuleta Law Firm has recovered over $145 million for victims of VA and military medical malpractice. Our unique doctor-attorney on staff provides unmatched expertise in evaluating complex medical negligence claims. Request your free case evaluation.
How to File a VA Medical Malpractice Claim in Arizona
Filing a medical malpractice claim against an Arizona VA facility requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:
Step 1: Document Everything
- Medical Records: Gather all relevant treatment records from the VA facility
- Timeline: Create a detailed chronology of medical care and when injuries were discovered
- Witnesses: Record names and contact information of any witnesses
- Expenses: Keep receipts for all medical costs, medications, and related expenses
- Communications: Save all correspondence with VA healthcare providers
Step 2: Obtain Medical Records
- Submit SF-180: Request complete medical records using Standard Form 180
- Private Records: Collect relevant medical records from non-VA providers
- Image Files: Request copies of all imaging studies (X-rays, MRIs, CT scans)
- Lab Results: Obtain copies of all laboratory and diagnostic test results
Step 3: File Standard Form 95
- Complete SF-95: Fill out all sections of Standard Form 95 (Claim for Damage, Injury, or Death)
- Sum Certain: Specify exact dollar amount for damages (required by 28 U.S.C. § 2675)
- Supporting Documents: Attach relevant medical records and evidence
- Submit: File with VA Office of General Counsel or appropriate federal agency
- Deadline: Must file within 2 years of claim accrual per 28 U.S.C. § 2401(b)
Step 4: Administrative Review
- Wait Period: Agency has 6 months to investigate and respond
- Investigation: VA will review records and may request additional information
- Decision: Agency will either deny claim or make settlement offer
- Documentation: Keep copies of all correspondence from VA
Step 5: Federal Lawsuit
- Filing Window: Must file within 6 months of final agency denial
- Jurisdiction: File in U.S. District Court for the District of Arizona
- Requirements: Comply with federal court procedures and local rules
- Legal Counsel: Consider retaining attorney experienced in FTCA claims
Arizona FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: 2 years from date claim accrues (28 U.S.C. § 2401(b))
- Discovery Rule: Under federal law, claim accrues when injury and its cause are discovered or should have been discovered
- Administrative Requirement: Must complete administrative claim process before filing lawsuit
- Dual Deadlines: Both FTCA and administrative deadlines must be met
Important Notice Regarding Arizona Laws
Due to the complexities of medical malpractice law and the need for absolute accuracy, the following aspects require direct verification from Arizona primary legal sources:
- Arizona-specific medical malpractice statute of limitations
- State damage caps (if any)
- Expert witness requirements
- State comparative negligence rules
These state-specific requirements may affect your FTCA claim, but must be verified through:
- Arizona Revised Statutes (ARS)
- Arizona Rules of Civil Procedure
- Current Arizona case law
- U.S. District Court for the District of Arizona local rules
Consult with qualified legal counsel to understand how Arizona state laws interact with federal FTCA requirements in your specific case.
Were You Harmed at an Arizona Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Arizona, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Arizona Medical Malpractice Cases
We handle these types of claims at Arizona VA & military facilities
Arizona Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Arizona VA hospitals and military treatment facilities
View Arizona casesArizona Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Arizona VA hospitals and military treatment facilities
View Arizona casesArizona Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Arizona VA hospitals and military treatment facilities
View Arizona casesArizona Wrongful Death
Fatal medical errors and negligent care at Arizona VA hospitals and military treatment facilities
View Arizona casesArizona Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Arizona VA hospitals and military treatment facilities
View Arizona casesArizona Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Arizona VA hospitals and military treatment facilities
View Arizona casesArizona Medical Facilities
42 VA hospitals, clinics, and military treatment facilities
Bob Stump Department of Veterans Affairs Medical Center
Carl T. Hayden Veterans' Administration Medical Center
Tucson Medical Center
355th Medical Group
Davis-Monthan Air Force Base
Anthem Clinic
Branch Medical Clinic Yuma
Marine Corps Air Station Yuma
Casa Grande Clinic
Chinle Clinic
Cochise County Clinic
Cottonwood Clinic
Globe Clinic
Green Valley Clinic
Holbrook Clinic
Kayenta Clinic
Lake Havasu City Clinic
Northeast Phoenix Clinic
Northwest Tucson Clinic
Northwest Clinic
Page Clinic
Payson Clinic
Phoenix 32nd Street Clinic
Phoenix Midtown Clinic
Phoenix Clinic
Pinal County Clinic
Polacca Clinic
Safford Clinic
Show Low Clinic
Sierra Vista Clinic
Southeast Tucson Clinic
Southwest Clinic
Staff Sergeant Alexander W. Conrad Veterans Affairs Health Care Clinic
Tuba City Clinic
Yuma Proving Ground Medical Clinic
Yuma Proving Ground Medical Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyArizona government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Arizona VA Claims
What are the statute of limitations for military medical malpractice claims in Arizona?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. After the agency denies your claim or fails to respond within six months, you have an additional six months to file a federal lawsuit. Arizona state law may also affect certain aspects of your case, including the discovery rule interpretation. Contact our firm for a detailed analysis of your specific situation.
How do I file a medical malpractice claim against a Arizona VA hospital?
To file an FTCA claim against a Arizona VA facility, you must first submit Standard Form 95 (SF-95) to the VA Regional Counsel's office. The form requires specific details about your injury, the negligent act, and a "sum certain" dollar amount for your claim. Our attorneys can guide you through this complex process. Learn more on our SF-95 guide page.
Can you sue a military hospital for medical malpractice in Arizona?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Arizona for medical negligence. This includes birth injuries, surgical errors, misdiagnosis, and other forms of malpractice. The process is similar to VA claims but requires filing with the appropriate military branch's claims office.
What damages can I recover in a Arizona VA malpractice case?
FTCA claims may recover economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Punitive damages are not available under the FTCA. Arizona state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.