Texas 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.
How to File a VA Medical Malpractice Claim in Texas
Filing a medical malpractice claim against a VA facility in Texas requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's the step-by-step process:
Step 1: Document Everything
- Medical Records: Obtain copies of all relevant VA medical records
- Timeline: Create a detailed chronology of medical care and when injuries occurred
- Witness Information: Gather contact details for any witnesses
- Photos/Evidence: Collect any visual evidence of injuries or damages
- Expenses: Keep receipts for all medical costs and related expenses
Step 2: File Within FTCA Deadlines
- Two-Year Deadline: Claims must be filed within 2 years from when you discovered (or should have discovered) the injury
- Administrative Claim: You MUST file an administrative claim before going to court
- Proper Notice: The claim must be received by the VA within the deadline - postmark dates don't count
Step 3: Submit Standard Form 95
- Required Form: Complete Standard Form 95 (SF-95) with all required information
- Sum Certain: Specify exact amount of monetary damages claimed
- Supporting Documents: Attach relevant medical records and evidence
- Submission Methods: Submit to VA Office of General Counsel via:
- Email: ogc.torts@va.gov
- Mail: 4800 Memorial Dr., Bldg. 92, Waco, TX 76711
Step 4: Wait for VA Response
- Six-Month Review: The VA has 6 months to investigate and respond
- Investigation Process: VA will review records, conduct interviews, and obtain medical opinions
- Possible Outcomes:
- Claim approved with settlement offer
- Claim denied
- No response within 6 months (deemed denied)
Step 5: Federal Court Action If Needed
- File Lawsuit: If claim denied or 6 months pass without response, you may file in federal court
- Jurisdiction: File in the appropriate Texas federal district court
- Deadline: Must file within 6 months of VA's denial letter
Texas FTCA Claims: State Law Considerations
Statute of Limitations
- Federal Deadline: 2 years from injury discovery (28 U.S.C. § 2401(b))
- Discovery Rule: Claim period begins when you discovered (or should have discovered) the injury
- Strict Compliance: No exceptions to administrative claim requirement
- State vs Federal: Texas state malpractice deadlines don't apply to VA claims
Texas Damage Considerations
- No State Caps: Texas damage caps (TX Civ. Prac. & Rem. Code § 74.301) don't apply to FTCA claims
- Economic Damages: No limit on medical expenses, lost wages, or other financial losses
- Non-Economic Damages: Calculated based on federal law, not state limitations
- No Punitive Damages: FTCA prohibits punitive damages (28 U.S.C. § 2674)
Expert Witness Requirements
- Federal Standards: Expert testimony must meet federal evidence rules
- Qualification Requirements: Experts must have:
- Active practice in relevant specialty
- Knowledge of federal standard of care
- Experience with condition at issue
- Report Timeline: While Texas's 120-day expert report requirement doesn't apply to FTCA cases, expert opinions are typically needed during the administrative claim process
- Federal Rules: Expert testimony must comply with Federal Rules of Evidence 702
Remember that while Texas medical malpractice laws may inform VA cases, federal law ultimately governs FTCA claims. Always consult with an attorney experienced in federal medical malpractice claims for specific guidance on your case.
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 are the statute of limitations for military medical malpractice claims in Texas?
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. Texas 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 Texas VA hospital?
To file an FTCA claim against a Texas 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 Texas?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Texas 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 Texas 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. Texas state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.