District of Columbia 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 District of Columbia
Filing a medical malpractice claim against a VA facility in District of Columbia requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:
Step 1: Document Everything
- Medical Records: Obtain complete copies of all relevant VA medical records
- 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
- Photographs: Document visible injuries, medical devices, or other relevant evidence
- Communications: Save all correspondence with VA healthcare providers
Step 2: Obtain Supporting Medical Evidence
- Private Doctor Review: Have a non-VA physician examine and document your injuries
- Expert Opinion: Secure a qualified medical expert to establish the standard of care breach
- Medical Bills: Collect all related medical expenses, including private care costs
- Lost Wages: Document any work missed due to the medical negligence
Step 3: File Standard Form 95 (SF-95)
- Complete All Sections: Fill out the SF-95 form with detailed information about your claim
- Sum Certain: Specify exact amount of damages claimed (required by 28 U.S.C. § 2675)
- Supporting Documents: Attach medical records, bills, and expert opinions
- Proper Service: Submit to the appropriate VA Regional Counsel office serving DC
- Timing: File within two years of claim accrual per 28 U.S.C. § 2401(b)
Step 4: Administrative Claim Review
- Six-Month Wait: Allow the VA six months to investigate and respond
- Settlement Negotiations: Consider any settlement offer carefully
- Appeal Rights: Request reconsideration if claim denied
- Documentation: Keep copies of all VA correspondence
Step 5: Federal Lawsuit if Necessary
- Jurisdiction: File in U.S. District Court for the District of Columbia
- Timing: Must file within 6 months of final VA denial
- Legal Representation: Secure counsel experienced in FTCA litigation
- Notice: Comply with all federal court filing requirements
District of Columbia FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: Two years from date of injury discovery (28 U.S.C. § 2401(b))
- Administrative Requirement: Must file SF-95 within this two-year period
- Discovery Rule: Claim accrues when plaintiff knows or should know of both injury and cause
- Continuous Treatment: May toll deadline while receiving ongoing VA care for same condition
District of Columbia Damage Caps
- No Statutory Cap: District of Columbia does not impose specific caps on medical malpractice damages
- FTCA Limitations: Punitive damages prohibited under federal law
- Economic Damages: Full recovery allowed for medical expenses and lost wages
- Non-Economic Damages: Pain and suffering recoverable without statutory limit
Expert Witness Requirements
- Certificate of Merit: Required within 90 days of filing under DC Code § 16-2802
- Expert Qualifications: Must practice in same or related specialty as defendant
- Standard of Care: Expert must articulate national standard of care and how it was breached
- Causation: Expert testimony required to establish injury was caused by negligence
Additional District of Columbia Considerations
- Comparative Negligence: DC follows pure contributory negligence rule
- Sovereign Immunity: FTCA waives federal immunity but preserves certain defenses
- Local Standards: DC medical standard of care may inform federal liability
- Settlement Authority: U.S. Attorney's Office must approve settlements over $25,000
Remember that while District of Columbia law informs the standard of care, federal law governs FTCA procedures. Always consult with an attorney experienced in both federal and DC medical malpractice law.
Were You Harmed at a District of Columbia Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in District of Columbia, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
District of Columbia Medical Malpractice Cases
We handle these types of claims at District of Columbia VA & military facilities
District of Columbia Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at District of Columbia VA hospitals and military treatment facilities
View District of Columbia casesDistrict of Columbia Misdiagnosis
Delayed or incorrect diagnosis leading to harm at District of Columbia VA hospitals and military treatment facilities
View District of Columbia casesDistrict of Columbia Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at District of Columbia VA hospitals and military treatment facilities
View District of Columbia casesDistrict of Columbia Wrongful Death
Fatal medical errors and negligent care at District of Columbia VA hospitals and military treatment facilities
View District of Columbia casesDistrict of Columbia Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at District of Columbia VA hospitals and military treatment facilities
View District of Columbia casesDistrict of Columbia Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at District of Columbia VA hospitals and military treatment facilities
View District of Columbia casesDistrict of Columbia Medical Facilities
7 VA hospitals, clinics, and military treatment facilities
Washington Medical Center
316th Medical Squadron
Joint Base Anacostia-Bolling
Franklin Street Clinic
Southeast Washington Clinic
Washington Navy Yard Branch Health Clinic
Navy Health Clinic Quantico
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyDistrict of Columbia government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About District of Columbia VA Claims
What are the statute of limitations for military medical malpractice claims in District of Columbia?
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. District of Columbia 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 District of Columbia VA hospital?
To file an FTCA claim against a District of Columbia 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 District of Columbia?
Yes, military families and dependents can file FTCA claims against military treatment facilities in District of Columbia 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 District of Columbia 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. District of Columbia state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.