Medical Malpractice at
Michael E. DeBakey VA Medical Center

The Michael E. DeBakey VA Medical Center in Houston is one of the VA's largest and most complex medical facilities, serving over 113,000 veterans in southeast Texas. As a Level 1A facility with 538 authorized beds, it provides comprehensive medical services including cardiac surgery, neurosurgery, oncology, and emergency care. While many veterans receive quality care here, medical errors and negligence can still occur.

Veterans must file DeBakey VA Medical Center malpractice claims through the Federal Tort Claims Act (FTCA). This federal law provides the exclusive remedy for negligence by VA healthcare providers. Our firm's founder, a licensed attorney and medical doctor, brings unique medical and legal insight to VA malpractice claims.

Established in 1945 and renamed in 2003 to honor pioneering heart surgeon Dr. Michael E. DeBakey, this facility serves as a major teaching hospital affiliated with Baylor College of Medicine. The medical center completed significant renovations in 2011, expanding its capacity and modernizing its facilities to better serve southeast Texas veterans.

The facility offers comprehensive healthcare services including:

• Surgical Services: Cardiac, general, neurosurgical, and orthopedic procedures
• Emergency Care: Level 1b designated emergency department operating 24/7
• Specialty Programs: Cardiology, oncology, mental health, and PTSD treatment
• Rehabilitation Services: Physical therapy, occupational therapy, and prosthetics

As one of the VA's most sophisticated medical centers, it provides crucial specialized care to veterans in Texas and neighboring states.

• Surgical Errors: Given the facility's high surgical volume, particularly in cardiac and neurosurgical procedures, errors can include wrong-site surgery, post-operative complications, and anesthesia mistakes. Learn more about surgical malpractice claims →

• Emergency Department Mistakes: The 24/7 emergency department handles critical cases where delayed treatment or mismanagement can have devastating consequences. Common errors include failure to properly triage, delayed diagnosis of heart attacks or strokes, and medication errors. Learn more about emergency room errors →

• Diagnostic Failures: With the complex medical needs of veterans, missed or delayed diagnoses of cancer, cardiovascular conditions, and neurological disorders can occur. These errors often result from rushed examinations or failure to order appropriate tests. Learn more about misdiagnosis claims →

• Hospital-Acquired Infections: Despite protocols, patients may develop serious infections during their hospital stay due to inadequate sterilization or poor infection control practices. These cases can be particularly serious for immunocompromised veterans.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim using Standard Form 95 before they can start a lawsuit. This claim must be filed with the VA's Regional Counsel office responsible for the DeBakey VA Medical Center.

Key deadlines are strictly enforced in FTCA claims:

• Two-Year Statute of Limitations: You must file your administrative claim within two years of when you knew or should have known about the malpractice
• Six-Month Review Period: The VA has six months to investigate and respond to your claim
• Federal Lawsuit Window: If your claim is denied, you have six months to file a federal lawsuit

Your claim must specify the malpractice details, include medical documentation, and state your requested damages. For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Texas →

While the FTCA is federal law, Texas medical malpractice principles may influence how damages are calculated. Under Texas Civil Practice & Remedies Code § 74.251, the standard statute of limitations for medical malpractice is two years, aligning with the FTCA requirement. While Texas has damage caps for medical malpractice cases, these state limits do not apply to FTCA claims, which are governed by federal law.

We also handle medical malpractice cases at these Texas facilities:

• Audie L. Murphy Memorial Veterans' Hospital (San Antonio) →
• Brooke Army Medical Center (BAMC) (Fort Sam Houston) →
• Carl R. Darnall Army Medical Center (Fort Hood) →
• Dallas VA Medical Center (Dallas) →
• Doris Miller VA Medical Center (Waco) →

If you've experienced medical negligence at the Michael E. DeBakey VA Medical Center in Houston, you need to understand your rights under the Federal Tort Claims Act (FTCA). This special law allows veterans and their families to seek compensation when harmed by negligent medical care at VA facilities, but the process is complex and time-sensitive.

You must file your FTCA claim within two years of when you discovered (or reasonably should have discovered) the injury and its cause. The first step is filing an administrative claim using Standard Form 95 with the VA. Once filed, the VA has six months to investigate and respond to your claim. Only after this administrative process can you file a lawsuit in federal court, if necessary.

For cases involving the DeBakey VA Medical Center, having an attorney who is also a medical doctor can be crucial to your success. These specialized professionals understand both the legal complexities of FTCA claims and the medical standards of care in Houston. They can effectively review your medical records, identify deviations from accepted standards of care, and articulate how these departures caused your injuries. This medical-legal expertise is particularly valuable when dealing with the complex cases often seen at a major facility like DeBakey VA Medical Center.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For veterans' families pursuing wrongful death claims, additional damages may be available. Unlike private medical malpractice cases, FTCA claims don't allow for punitive damages, but the compensation can still be substantial when negligence is proven.

Don't wait to explore your legal options. Many experienced FTCA attorneys offer free case evaluations to veterans and their families. During this consultation, they can review your situation, explain your rights, and help you understand if you have a viable claim against the DeBakey VA Medical Center. Remember, these cases require specific expertise in both medicine and federal law, so it's important to work with attorneys who regularly handle VA medical malpractice claims and understand the unique challenges veterans face.

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

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