Medical Malpractice at
Washington VA Medical Center

The Washington VA Medical Center is a critical healthcare hub for over 125,000 veterans in the Washington, D.C. area. This medical center is a tertiary care teaching facility that offers comprehensive medical services, from complex cardiac surgeries to specialized polytrauma care, and plays a vital role in veteran healthcare in the region.

Medical errors and negligence can occur at prestigious facilities like the Washington VA Medical Center, despite most veterans receiving appropriate care. When veterans suffer harm due to substandard care, they have legal rights under the Federal Tort Claims Act (FTCA) to seek compensation. However, claims against VA facilities involve complex federal regulations and procedures that differ significantly from standard medical malpractice cases.

Our firm's doctor-attorney leadership brings unique expertise to VA medical malpractice claims. With our medical and legal training, we understand both FTCA laws and VA medical standards of care. This distinctive combination of knowledge allows us to thoroughly evaluate potential claims and effectively advocate for veterans harmed by negligent care.

The Washington VA Medical Center is a Complexity Level 1B facility, meaning it is a tertiary care teaching hospital equipped to handle highly complex medical cases. With 164 acute care beds, 30 psychosocial rehabilitation beds, and a 120-bed Community Living Center, this medical center provides comprehensive healthcare services to veterans throughout Washington D.C., Maryland, and Virginia.

This VA medical center uniquely holds affiliations with three medical schools. It serves as both a Polytrauma Network Site and Polytrauma Amputation Network Site for VISN 5, coordinating specialized rehabilitation services for veterans with traumatic brain injuries and limb loss. The medical center employs over 2,000 staff members across its main campus and six community-based outpatient clinics.

Key services include cardiac and neurosurgery, organ transplantation, comprehensive cancer care, emergency services, and specialized mental health programs. The facility also operates an innovative Integrative Health & Wellness Program offering alternative therapies like acupuncture and meditation alongside traditional medical treatments.

• Surgical Errors: Surgical mistakes in complex cardiac, neurological, and transplant procedures can devastate patients. Common issues include wrong-site surgery, retained surgical items, and anesthesia errors. Learn more about surgical malpractice claims →

• Emergency Room Mistakes: The Washington VA Medical Center's emergency department serves veterans in crisis, but delays in treatment, misdiagnosis of serious conditions, and failure to properly monitor patients can lead to preventable harm. Learn more about ER malpractice →

• Diagnostic Errors: As a teaching facility handling complex cases, missed or delayed diagnoses can occur, particularly with serious conditions like cancer, cardiac issues, or neurological disorders. These errors often result from inadequate testing or failure to properly interpret results. Learn more about misdiagnosis claims →

• Medication Errors: With multiple departments and extensive pharmacy services, medication mistakes can happen through incorrect dosing, drug interactions, or administration errors. VA systems issues and staffing challenges may contribute to these errors.

• Rehabilitation Care Failures: Given the facility's role as a Polytrauma Network Site, errors in rehabilitation care for brain injury or amputation patients can significantly impact recovery and long-term outcomes.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim using Standard Form 95 (SF-95) before pursuing litigation. This claim must detail the specific incidents of negligence and resulting damages at Washington VA Medical Center.

The administrative claim should be filed with the appropriate VA Regional Counsel office serving VISN 5. While the medical center is located at 50 Irving Street, Northwest, Washington, DC 20422-0001, the SF-95 form must be submitted to the designated Regional Counsel office handling FTCA claims.

Strict deadlines apply to these claims. Veterans have two years from the date they discovered (or reasonably should have discovered) their injury to file the administrative claim. Once filed, the VA has six months to investigate and respond. If the claim is denied or six months pass without a response, 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 District of Columbia →

Under District of Columbia law, medical malpractice claims generally must be filed within three years of the injury (D.C. Code § 12-301). However, FTCA claims against the Washington VA Medical Center follow federal timelines, not District of Columbia's statute of limitations. While District of Columbia does not impose damage caps on medical malpractice awards, federal regulations may limit certain types of damages in FTCA cases.

You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel office. This claim must be filed within two years of discovering your injury and include detailed information about the negligent care and resulting damages.

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

You have two years from the date you discovered (or reasonably should have discovered) your injury to file an administrative claim. After the VA denies your claim or six months pass without a response, you have six months to file a federal lawsuit.

Can I sue Washington VA Medical Center directly?

No, you cannot sue the hospital directly. Under the FTCA, claims must name the United States as the defendant, not individual VA employees or facilities. The case must proceed through the proper administrative channels before litigation.

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

You may be eligible to recover medical expenses, lost wages, pain and suffering, and other damages related to your injury. While District of Columbia doesn't cap damages, federal regulations may limit certain types of compensation in FTCA cases.

Do I need a District of Columbia attorney for my Washington VA Medical Center claim?

While not legally required, having an attorney experienced in both FTCA claims and VA medical malpractice is highly recommended. These cases involve complex federal regulations and procedures that differ significantly from standard medical malpractice claims.

What if my injury occurred during a teaching procedure at Washington VA Medical Center?

As a teaching facility with multiple medical school affiliations, procedures may involve residents or students. The standard of care still applies, and the facility remains responsible for proper supervision and care regardless of provider training status.

If you've been harmed by negligent medical care at the Washington VA Medical Center, you may have rights under the Federal Tort Claims Act (FTCA) to seek compensation. As a veteran or military family member, understanding the FTCA process is crucial for protecting your legal rights.

The FTCA has strict deadlines you must follow. You have two years from the date of injury or when you reasonably should have discovered the injury to file an administrative claim using Standard Form 95. The VA then has six months to investigate and respond to your claim. Only after this administrative process can you file a federal lawsuit if you're not satisfied with the VA's response.

When dealing with medical negligence at the DC VA Medical Center, having an attorney who is also a medical doctor can significantly strengthen your case. A doctor-attorney understands both the complex medical issues and legal requirements specific to VA claims. They can better identify deviations from the standard of care, review medical records accurately, and effectively communicate with medical experts who may need to testify in your case.

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 you've lost a loved one due to VA medical negligence, surviving family members may be able to pursue wrongful death damages. Unlike private medical malpractice cases, FTCA claims against the VA have no caps on damage awards in Washington, DC.

Don't wait to explore your legal options. Most experienced FTCA attorneys offer free initial consultations to evaluate your case and explain your rights. During this consultation, you can learn whether you have a viable claim, understand the strength of your case, and get answers to your questions about the claims process. Remember, these cases are complex and time-sensitive - reaching out to qualified legal counsel early gives you the best chance of protecting your rights and obtaining fair compensation for your injuries.

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

• District of Columbia Surgical Errors Cases →
• District of Columbia Emergency Room Errors Cases →
• District of Columbia Brain Injury Cases →
• District of Columbia Spinal Cord Injury Cases →
• District of Columbia Misdiagnosis Cases →
• District of Columbia Medication Errors Cases →