Kansas veterans and military families receive care at VA medical centers and military treatment facilities 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.
Kansas VA & Military Malpractice: Key Legal Facts
To sue a VA or military hospital in Kansas for medical malpractice, you must file an SF-95 administrative claim within 2 years to file an SF-95 administrative claim under the Federal Tort Claims Act (28 U.S.C. § 2401(b)). Kansas has no medical-malpractice damage cap in effect. Cap held unconstitutional. No cap in effect. No state damages cap binds FTCA award.
- FTCA filing deadline (federal)
- 2 years to file an SF-95, then 6 months to sue after denial
- 28 U.S.C. § 2401(b)
- Kansas med-mal statute of limitations
- 2 years (discovery: Up to 2 years; max: 4 years)
- Medical-malpractice damage cap
- No state damage cap
- Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019) (invalidating K.S.A. 60-19a02)
- Does the cap apply to your FTCA award?
- No state cap limits your FTCA recovery
- 28 U.S.C. § 2674
- Statute of repose
- 4 years from act or omission
Kansas state law verified by Dr. Michael Archuleta, MD, JD · Last updated June 2026. Get a free Kansas case review →
Not legal advice. This is general information only and not a substitute for consultation with an attorney about your specific situation. Laws change and exceptions apply. Contacting the firm does not create an attorney-client relationship. Attorney advertising.
How to File a VA Medical Malpractice Claim in Kansas
Filing a medical malpractice claim against a VA facility in Kansas 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 medical documentation from VA and private providers
- Timeline of Events: Create a detailed chronology of your medical care and when injuries occurred
- Witness Information: Collect names and contact details of any witnesses or other medical providers
- Financial Impact: Document all medical expenses, lost wages, and other economic damages
Step 2: Obtain Medical Records
- Request VA Records: Submit a formal request for your complete VA medical file
- Private Records: Collect records from any non-VA providers who treated you
- Imaging Studies: Secure copies of all relevant X-rays, MRIs, or other diagnostic images
- Treatment Plans: Include documentation of recommended future medical care
Step 3: File Standard Form 95
- Complete SF-95: Fill out Standard Form 95 with precise details about your claim
- Damage Amount: Specify exact amount of damages being sought
- Supporting Documents: Attach all relevant medical records and evidence
- Timing: Submit within two years of when injury was discovered
- Delivery: Send via certified mail to the appropriate VA regional office
Step 4: Wait for Agency Response
- Review Period: The VA has 120 days to investigate and respond
- Document Communications: Keep records of all correspondence with the VA
- Additional Requests: Promptly respond to any requests for additional information
- Settlement Negotiations: Consider any settlement offers carefully with legal counsel
Step 5: Federal Lawsuit if Necessary
- Six-Month Deadline: Must file suit within 6 months of claim denial
- Federal Court: File in U.S. District Court for the District of Kansas
- Legal Representation: Secure counsel experienced in FTCA claims
- Court Procedures: Follow federal court rules for medical malpractice cases
Kansas FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: Two years from date injury was discovered (28 U.S.C. § 2401(b))
- Discovery Rule: Claim period begins when injury and its cause should have been reasonably discovered
- Administrative Requirement: Must file SF-95 within two-year period
- State vs. Federal: FTCA deadline supersedes Kansas state deadlines
- Tolling Provisions: Limited exceptions for minors or mental incapacity
Kansas Damage Caps
Kansas previously had a non-economic damage cap under K.S.A. § 60-19a02, but the Kansas Supreme Court held it unconstitutional in Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019). Kansas currently has no enforceable damage cap on medical malpractice awards.
- Non-Economic Damages: Unlimited — the prior $350,000 cap under K.S.A. § 60-19a02 was struck down as unconstitutional. Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019).
- No Economic Cap: No limit on medical expenses, lost wages, or other economic damages
- FTCA Application: Because Kansas has no enforceable damage cap, no state cap binds an FTCA award under 28 U.S.C. § 2674. Plaintiffs may recover full non-economic damages subject only to proof.
- Wrongful Death: Kansas has no enforceable damage cap for wrongful death claims; the prior statutory cap was invalidated by Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019).
Expert Witness Requirements
Kansas law (K.S.A. § 60-3412) requires specific qualifications for medical expert witnesses:
- Active Practice: Must have spent at least 50% of time in active clinical practice
- Same Specialty: Must practice in same or substantially similar specialty
- Timing: Must have been active in practice when cause of action arose
- Certification: Expert affidavit may be required with initial filing
- FTCA Cases: Federal courts typically apply these state requirements
Were You Harmed at a Kansas Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Kansas, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Kansas Medical Malpractice Cases
We handle these types of claims at Kansas VA & military facilities
Kansas Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Wrongful Death
Fatal medical errors and negligent care at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Medication Errors
Wrong drug, wrong dosage, and dangerous drug interactions at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Emergency Room Errors
Delayed triage, missed diagnoses, and negligent ER care at Kansas VA hospitals and military treatment facilities
View Kansas casesKansas Medical Facilities
28 VA hospitals, clinics, and military treatment facilities
Colmery-O'Neil Veterans' Administration Medical Center
Dwight D. Eisenhower Department of Veterans Affairs Medical Center
Robert J. Dole Department of Veterans Affairs Medical and Regional Office Center
Captain Elwin Shopteese Clinic
Dodge City Clinic
Hays Clinic
Hutchinson Clinic
Iola Clinic
Junction City Clinic
Lieutenant General Richard J. Seitz Community-Based Outpatient Clinic
Overland Park Clinic
Parsons Clinic
Salina Clinic
Sedgwick County Clinic
Shawnee Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyKansas government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Kansas VA Claims
What are the statute of limitations for military medical malpractice claims in Kansas?
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. Kansas 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 Kansas VA hospital?
To file an FTCA claim against a Kansas 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 Kansas?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Kansas 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 Kansas 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. Kansas has no enforceable damage cap — the prior non-economic cap under K.S.A. § 60-19a02 was held unconstitutional in *Hilburn v. Enerpipe Ltd.*, 442 P.3d 509 (Kan. 2019). Consult an experienced FTCA attorney to evaluate your full damages.