Medical Malpractice at
Dayton VA Medical Center

The Dayton VA Medical Center, one of the oldest VA facilities in the nation, serves thousands of veterans across southwest Ohio. As a comprehensive medical center offering services from primary care to specialized surgery, this historic facility plays a vital role in providing healthcare to our nation's veterans. However, even at established institutions like the Dayton VA Medical Center, medical errors and negligence can occur, leading to serious harm for veterans and their families.

When medical malpractice happens at the Dayton VA Medical Center, veterans must pursue justice through the Federal Tort Claims Act (FTCA). This specialized area of law requires extensive knowledge of both medicine and federal regulations. Our licensed physician-attorney brings over 25 years of VA medical malpractice experience to navigate the complex interplay between military healthcare systems and federal liability laws.

Established in 1867 as one of three original National Homes for Disabled Volunteer Soldiers, the Dayton VA Medical Center has grown into a comprehensive healthcare facility with 467 authorized beds. This historic campus serves approximately 40,000 veterans annually throughout southwest Ohio and holds designation as a Historic District on the National Register of Historic Places.

The medical center provides a full spectrum of healthcare services, including general surgery, orthopedics, cardiology, mental health, and emergency care. Affiliated with Wright State University Boonshoft School of Medicine, the hospital maintains high standards of medical education while delivering specialized care to veterans. The facility features both inpatient and outpatient services, with particular emphasis on primary care, specialty medicine, and rehabilitation programs.

• Surgical Errors: Given the facility's active surgical department, errors during procedures can occur. These may include wrong-site surgery, post-operative complications, or anesthesia mistakes. Learn more about surgical malpractice claims →

• Emergency Room Mistakes: The Dayton VA's 24/7 emergency department handles urgent veteran care, but rushed decisions and understaffing can lead to critical errors in diagnosis or treatment. Read about emergency room malpractice →

• Diagnostic Failures: Veterans often face delayed or missed diagnoses, particularly in complex cases involving multiple health conditions. These errors can result in delayed treatment and worsened outcomes. Understanding misdiagnosis claims →

• Medication Errors: With numerous medications being prescribed and administered daily, errors in dosage, drug interactions, or administration can cause serious harm. These mistakes often stem from communication breakdowns or electronic health record issues.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing a lawsuit for medical malpractice. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office.

For Dayton VA Medical Center claims, administrative claims should be filed with: VA Regional Counsel (Region 10) 4100 West Third Street Dayton, OH 45428

Strict deadlines apply to FTCA claims. Under the FTCA, veterans must file an administrative claim within two years of discovering their injury. After filing, the VA has six months to investigate and respond. If the claim is denied or the six-month period expires without a decision, veterans have six months to file a federal lawsuit.

For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Ohio →

Ohio's medical malpractice statute of limitations (Ohio Rev. Code § 2305.113) typically allows one year to file claims, but FTCA claims follow federal timelines instead. Federal courts applying the FTCA may calculate damages differently than Ohio state courts, which cap non-economic damages in medical malpractice cases.

How do I file a malpractice claim against Dayton VA Medical Center?

You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel office. Our physician-attorney team can help prepare this crucial documentation and gather the necessary medical evidence to support your claim.

What is the deadline for filing a claim against Dayton VA Medical Center?

You have two years from the date you discovered your injury to file an administrative claim under the FTCA. Missing this deadline can permanently bar your right to compensation.

Can I sue Dayton VA Medical Center directly?

No, you cannot sue the facility or its employees directly. Claims must be filed under the FTCA against the United States government, following specific federal procedures and requirements.

What damages can I recover for malpractice at Dayton VA Medical Center?

Compensation may include medical expenses, lost wages, pain and suffering, and other damages related to your injury. Under the FTCA, punitive damages cannot be awarded against the federal government.

Do I need an Ohio attorney for my Dayton VA Medical Center claim?

While not required, an attorney experienced in both medicine and federal tort claims significantly improves your chances of success. Our firm has recovered over $145 million for veterans nationwide in FTCA cases.

How long does a Dayton VA Medical Center malpractice claim take?

Most claims take 12-24 months to resolve, including the mandatory 6-month VA review period. Complex cases or those requiring litigation may take longer.

We also handle medical malpractice cases at these Ohio facilities:

• 88th Medical Group - Wright-Patterson Air Force Base Medical Center (Wright-Patterson AFB) →
• Chalmers P. Wylie Veterans Outpatient Clinic (Columbus) →
• Chillicothe VA Medical Center (Chillicothe) →
• Cincinnati VA Medical Center (Cincinnati) →
• Louis Stokes Cleveland VA Medical Center (Cleveland) →

If you've experienced medical negligence at the Dayton VA Medical Center, you need to understand your rights under the Federal Tort Claims Act (FTCA). This law allows veterans and their families to seek compensation when harmed by negligent medical care at VA facilities, but the process has strict deadlines and requirements you must follow.

You have two years from the date of injury to file an administrative claim using Standard Form 95. This is a crucial deadline - missing it means losing your right to pursue compensation. Once you submit your claim to the VA, they have six months to investigate and respond. Only after receiving their decision (or after six months of no response) can you file a federal lawsuit if necessary.

For VA medical malpractice cases involving the Dayton facility, working with an attorney who is also a medical doctor provides significant advantages. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their combined legal and medical expertise is particularly valuable when building strong evidence for your claim.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. If a veteran has died due to negligent care, surviving family members may pursue wrongful death damages. Unlike private medical malpractice cases, FTCA claims have no caps on compensation amounts, though punitive damages are not allowed.

Don't wait to explore your legal options if you suspect medical negligence at the Dayton VA Medical Center. Many law firms specializing in VA malpractice offer free, confidential case evaluations to help you understand whether you have a viable claim. During this consultation, an experienced attorney can review your medical records, explain the FTCA process specific to your situation, and help determine the best path forward. Remember, these cases are handled on a contingency fee basis, meaning you pay nothing unless your claim is successful.

Time is critical in these cases, both for preserving evidence and meeting FTCA deadlines. Contact a qualified attorney-physician today to protect your rights and begin the process of seeking just compensation for your injuries.

We handle various types of VA and military medical malpractice cases in Ohio:

• Ohio Surgical Errors Cases →
• Ohio Emergency Room Errors Cases →
• Ohio Brain Injury Cases →
• Ohio Spinal Cord Injury Cases →
• Ohio Misdiagnosis Cases →
• Ohio Medication Errors Cases →