Medical Malpractice at
San Juan VA Medical Center

The San Juan VA Medical Center provides crucial medical services to over 71,000 veterans in Puerto Rico and the U.S. Virgin Islands. As a tertiary care facility with 402 beds, this teaching hospital offers comprehensive services including emergency care, surgery, cardiology, and specialized veteran-focused programs.

While most veterans receive appropriate care, medical errors and negligence can occur even at established facilities like the San Juan VA Medical Center. When preventable medical mistakes harm veterans, the Federal Tort Claims Act (FTCA) provides a legal pathway to seek compensation. However, FTCA claims involve complex federal regulations and strict deadlines that differ from standard medical malpractice cases.

Our firm's founder is both a licensed attorney and medical doctor, bringing unique expertise to VA medical malpractice cases. This dual qualification allows us to thoroughly evaluate the clinical aspects of your case while navigating the intricate FTCA claims process. With over 25 years of experience and more than $145 million recovered for clients, we understand what it takes to hold VA facilities accountable for preventable medical errors.

The San Juan VA Medical Center is a 1a-High Complexity facility within the VA Caribbean Healthcare System. The facility contains 280 acute care beds and 122 nursing home beds, making it the largest VA medical center in the Caribbean region. The facility maintains multiple prestigious accreditations, including The Joint Commission and the Commission on Accreditation of Rehabilitation Facilities.

The medical center provides comprehensive healthcare services through various specialty departments including cardiology, critical care, emergency services, surgery, and mental health programs. As a teaching hospital, it hosts the nation's only VA-sponsored Internal Medicine residency program where the VA serves as the primary institutional sponsor rather than a university.

Ten community-based outpatient clinics coordinate care for veterans across Puerto Rico and the U.S. Virgin Islands. The medical center has nearly 3,750 employees, including many veterans. It processes over 990,000 outpatient visits and manages thousands of community care referrals each year.

• Surgical Errors: As a major surgical center, preventable mistakes during operations can occur, including wrong-site surgery, retained surgical items, or post-operative complications. VA hospitals face unique challenges with surgical scheduling and staffing that can increase error risks. Learn more about surgical error claims →

• Emergency Room Mistakes: The emergency department handles critical veteran care 24/7, but delays in treatment, misdiagnosis of serious conditions, or failure to properly monitor patients can lead to devastating outcomes. VA emergency rooms often face high patient volumes with limited resources. Learn more about ER malpractice →

• Diagnostic Errors: Missed or delayed diagnoses, particularly for serious conditions like cancer or heart disease, can result in worse outcomes for veterans. The VA's electronic health record system and consultation processes can sometimes contribute to these delays. Learn more about misdiagnosis claims →

• Medication Errors: Mistakes in prescribing, dispensing, or administering medications can cause serious harm. The VA's pharmacy system and multiple provider involvement create opportunities for dangerous medication errors.

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 at San Juan VA Medical Center. This initial claim is filed using Standard Form 95 (SF-95) and must include detailed information about the medical care received and resulting injuries.

The claim should be filed with the VA Regional Counsel office serving Puerto Rico. Our firm maintains updated filing information to ensure your claim reaches the correct office, even if addresses change. Remember that you cannot sue individual VA healthcare providers directly – the claim must be filed against the federal government.

Critical deadlines apply to FTCA claims:

• You must file your administrative claim within 2 years of when you knew or should have known about the malpractice
• The VA has 6 months to investigate and respond to your claim
• If your claim is denied, you have 6 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 Puerto Rico →

Puerto Rico's general statute of limitations for medical malpractice is one year (31 L.P.R.A. § 5298). However, FTCA claims follow federal law's two-year statute of limitations regardless of state or territory deadlines. While Puerto Rico has no statutory caps on medical malpractice damages, FTCA claims are subject to federal limitations on certain types of damages.

For detailed information about how Puerto Rico law affects VA medical malpractice claims, visit our comprehensive guide: Military & VA Medical Malpractice in Puerto Rico →

You must first file an administrative claim using Standard Form 95 (SF-95) with the appropriate VA Regional Counsel office. This claim needs to include detailed information about your medical care and injuries. Our doctor-attorney team can help properly document your claim and ensure it meets all FTCA requirements.

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

You have two years from the date you discovered (or reasonably should have discovered) the malpractice to file your administrative claim. Missing this deadline can permanently bar your right to compensation, so it's crucial to contact an experienced VA malpractice attorney promptly.

Can I sue San Juan VA Medical Center directly?

No, you cannot sue the VA facility or individual providers directly. Under the FTCA, claims must be filed against the federal government, and you must complete the administrative claim process before filing a lawsuit in federal court.

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

Through an FTCA claim, you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and future care needs. However, punitive damages cannot be recovered in FTCA cases, and certain damage limitations may apply.

Do I need a Puerto Rico attorney for my San Juan VA Medical Center claim?

While you need an attorney licensed to practice in federal court, they don't necessarily need to be based in Puerto Rico. Our firm handles FTCA claims nationwide and brings unique medical-legal expertise to VA malpractice cases.

How long does the claim process take at San Juan VA Medical Center?

The VA has 6 months to investigate and respond to your administrative claim. If denied or no response is received, you then have 6 months to file a federal lawsuit. The total timeline can vary significantly depending on case complexity and whether settlement is reached.

If you've experienced medical negligence at the San Juan VA Medical Center in Puerto Rico, you have the right to file a claim under the Federal Tort Claims Act (FTCA). However, it's crucial to understand that strict deadlines apply - you must file your administrative claim within two years from when you knew or should have known about the malpractice. Once you file the administrative claim using Standard Form 95, the VA has six months to investigate and respond to your claim.

Working with an attorney who is also a medical doctor can significantly strengthen your case against the San Juan VA Medical Center. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate how the VA's negligence caused your injuries. Their unique combination of medical and legal expertise is particularly valuable when dealing with Puerto Rico's specific healthcare regulations and the federal requirements of VA claims.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages, loss of earning capacity, and compensation for pain and suffering. For veterans and military families in Puerto Rico, these damages can also include costs for specialized care, medical equipment, and necessary modifications to your home or vehicle. Unlike private medical malpractice cases, FTCA claims against the San Juan VA Medical Center don't have a cap on damages under Puerto Rico law.

Don't wait to explore your legal options if you suspect medical negligence at the San Juan VA Medical Center. Many law firms specializing in VA medical malpractice offer free, confidential case evaluations to veterans and their families. During this evaluation, an experienced attorney can review your medical records, explain your rights under the FTCA, and help determine if you have a viable claim. Remember, the sooner you seek legal counsel, the better positioned you'll be to meet the strict FTCA deadlines and protect your rights to compensation.

Contact a qualified attorney today to discuss your experience at the San Juan VA Medical Center. The initial consultation is free, and most firms handle VA medical malpractice cases on a contingency fee basis, meaning you pay nothing unless they recover compensation for you.

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

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