New Hampshire 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.
New Hampshire VA & Military Malpractice: Key Legal Facts
To sue a VA or military hospital in New Hampshire 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)). New Hampshire has no medical-malpractice damage cap in effect. 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)
- New Hampshire med-mal statute of limitations
- 2 years (discovery: Up to 2 years)
- Medical-malpractice damage cap
- No state damage cap
- Brannigan v. Usitalo, 587 A.2d 1232 (N.H. 1991)
- Does the cap apply to your FTCA award?
- No state cap limits your FTCA recovery
- 28 U.S.C. § 2674
New Hampshire state law verified by Dr. Michael Archuleta, MD, JD · Last updated June 2026. Get a free New Hampshire 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 New Hampshire
Successfully pursuing a VA medical malpractice claim in New Hampshire requires carefully following the Federal Tort Claims Act (FTCA) process. Here are the essential steps:
1. Document Everything
- Medical Records: Obtain copies of all relevant VA medical records and treatment notes
- Timeline: Create a detailed chronology of medical care and when injuries were discovered
- Witness Information: Gather contact details for any witnesses or other treating providers
- Expenses: Keep receipts for all medical costs, medications, and related expenses
2. Obtain Supporting Medical Evidence
- Private Medical Opinion: Get an independent medical evaluation documenting the standard of care violation
- Future Care Needs: Have experts document any anticipated future medical requirements
- Medical Records: Request complete copies of all VA and private medical records
3. File Standard Form 95 (SF-95)
- Deadline: Must file within 2 years of when the injury was discovered
- Required Information: Include detailed description of injuries and specific damage amount
- Supporting Documents: Attach relevant medical records and evidence
- Where to File: Submit to VA Office of General Counsel via:
- Email: ogc.torts@va.gov
- Fax: (202) 495-5076
- Mail: Office of General Counsel (Torts Law Group)
4. Wait for Agency Response
- Review Period: The VA has 6 months to investigate and respond
- Communication: The VA will send an acknowledgment letter with claim number
- Investigation: The VA may request additional records or statements
- Decision: The VA will either deny the claim or make a settlement offer
5. File Federal Lawsuit if Necessary
- Deadline: Must file within 6 months of claim denial
- Jurisdiction: File in U.S. District Court for the District of New Hampshire
- Legal Counsel: Consider retaining an attorney experienced in FTCA claims
- Requirements: Must follow federal court rules and procedures
New Hampshire FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: 2 years from date of injury discovery (28 U.S.C. § 2401(b))
- State vs. Federal: New Hampshire state law provides a 2-year statute of limitations from discovery of injury (with a discovery extension of up to 2 additional years); the 2-year FTCA deadline under 28 U.S.C. § 2401(b) independently governs federal claims
- Discovery Rule: Claim period begins when injury and its cause should reasonably have been discovered
- Written Notice: Must file administrative claim (SF-95) before lawsuit is permitted
Damages Under New Hampshire Law
- Economic Damages: No caps on medical expenses, lost wages, future care costs
- Non-Economic Damages: No statutory caps on pain and suffering in New Hampshire
- FTCA Limitations:
- No punitive damages allowed
- Damages determined by NH state law standards
- Structured settlements may be available for larger awards
Expert Witness Requirements
- Certificate Requirement: Must obtain expert certification before filing
- Expert Qualifications: Must be actively practicing in same specialty
- Standard of Care: Expert must clearly define standard of care violation
- Causation: Must establish direct link between negligence and injury
- Pre-Trial: Expert reports typically required during discovery phase
Comparative Negligence
- Modified System: NH follows modified comparative fault rule
- 51% Bar: Cannot recover if plaintiff is 51% or more at fault
- Reduction: Damages reduced by plaintiff's percentage of fault
- FTCA Application: Federal courts apply NH comparative fault rules
Were You Harmed at a New Hampshire Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in New Hampshire, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
New Hampshire Medical Malpractice Cases
We handle these types of claims at New Hampshire VA & military facilities
New Hampshire Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Misdiagnosis
Delayed or incorrect diagnosis leading to harm at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Wrongful Death
Fatal medical errors and negligent care at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Medication Errors
Wrong drug, wrong dosage, and dangerous drug interactions at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Emergency Room Errors
Delayed triage, missed diagnoses, and negligent ER care at New Hampshire VA hospitals and military treatment facilities
View New Hampshire casesNew Hampshire Medical Facilities
8 VA hospitals, clinics, and military treatment facilities
Manchester Medical Center
Conway Clinic
Keene Clinic
Manchester West Clinic
Portsmouth Clinic
Somersworth Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyNew Hampshire government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About New Hampshire VA Claims
What are the statute of limitations for military medical malpractice claims in New Hampshire?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. If the VA mails you a written denial, you have six months from the date it is mailed to file a federal lawsuit (28 U.S.C. § 2401(b)). If the VA simply does not respond, no six-month deadline starts — you may treat the claim as denied and file suit at any time after the six months have passed (28 U.S.C. § 2675(a)). New Hampshire 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 New Hampshire VA hospital?
To file an FTCA claim against a New Hampshire 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 New Hampshire?
Yes, military families and dependents can file FTCA claims against military treatment facilities in New Hampshire 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 New Hampshire 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. New Hampshire state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.