Tragically, those who have served and given so much do not have access to the best medical care through our VA hospital system.

With large facilities located across the country, Veterans and their families must often travel extensive distances for both routine and acute care and treatment. And what happens when that treatment falls below the standard of care and harms the veteran? How do lawyers investigate and file claims against the VA hospital system and staff?

This 1 hour CLE covers the basics on investigating and filing suit against Veterans Administration hospitals and providers. We discuss the entire process from requesting records, to filing Form 95 Federal Tort Claim Act Claim Forms, to filing suit, negotiating the case, handling liens, and more.   

We also discuss recent WDVA and EDVA decisions that address Virginia law’s application to Federal Tort Claim Act claims, expert requirements, deadlines, and more.

Learning Objectives: 

1. Determine who is the defendant – the VA / Government, or independent contractor working for the VA system
2. Start and file your FTCA claim
3. Move your case forward after Form 95 filing, working with DOJ, AUSAs, etc.
4. Negotiate with the Government – who has authority to settle?
5. Address liens early on
6. Try a VA case in Federal Court – no jury allowed