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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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VA and Military Medical Malpractice Claims

United States (federal and general)Last reviewed 18 September 2026

Negligent care at a VA hospital or other federal facility is claimed under the Federal Tort Claims Act, not a normal state malpractice suit. You must first present a written administrative claim, usually on Standard Form 95, within two years, and attorney fees are capped by federal law at 20% or 25%.

The Administrative Claim

Direct Answer: Before you can sue the United States, you must present a written claim to the federal agency, such as the VA, stating the facts and a sum certain in damages, generally within two years of when the claim accrued.

Standard Form 95 is commonly used, but the VA accepts any written claim with a detailed allegation, a specific dollar amount and the claimant's or attorney's signature. The agency has six months to investigate. If it denies the claim, or does not decide within six months, you may file suit in federal court, but a lawsuit must be filed within six months after a denial.

Fee Limits and Court

Under 28 U.S.C. § 2678, an attorney may charge no more than 20% of an administrative settlement and 25% of a settlement or judgment after suit is filed, and charging more is a federal crime. FTCA cases are heard by a federal judge without a jury, and state law usually supplies the standard of care and damages rules, including any state caps.

Active-Duty Service Members and Veterans

The Feres doctrine bars active-duty service members from suing the government for injuries incident to service, which has been applied to military hospital malpractice. It does not apply to veterans treated at VA facilities after service. A 2020 law created an administrative claim process under 10 U.S.C. § 2733a for certain active-duty medical malpractice claims. Which rule applies depends on your status when the care was given.

Frequently Asked Questions

Can I sue the VA for medical malpractice?

Yes, through the Federal Tort Claims Act, after first filing a written administrative claim with the VA within two years. Veterans are not barred by the Feres doctrine for care at VA facilities.

What is the deadline for a VA malpractice claim?

Two years from when the claim accrued, meaning when you knew or should have known of the injury and its connection to negligent care, to present the administrative claim. If denied, you have six months to sue.

What is Standard Form 95?

The federal form used to present an administrative tort claim. A written claim with the facts, a sum certain and a signature can also satisfy the requirement.

How much can a lawyer charge in an FTCA case?

By federal law no more than 20% of an administrative settlement and 25% of a settlement or judgment after suit is filed, plus reimbursable costs.

What is the Feres doctrine?

A court-made rule that bars active-duty service members from suing the government for injuries incident to service, which includes military medical care. It does not apply to VA care after discharge.

Will there be a jury?

No. FTCA claims are tried by a federal judge without a jury.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 28 U.S.C. § 2401(b) (FTCA time limits)

    A tort claim against the United States is barred unless presented in writing to the agency within two years after it accrues, and suit is filed within six months after the agency denies it.

  4. 28 U.S.C. § 2675 (FTCA administrative claim first)

    A claimant must present the claim to the federal agency and have it denied, or wait six months, before suing the United States in court.

  5. 28 U.S.C. § 2678 (FTCA attorney fee limits)

    Attorney fees in an FTCA claim are capped at 20% of an administrative settlement and 25% of a settlement or judgment after suit is filed. Charging more is a federal offence.

  6. U.S. Department of Veterans Affairs — Claims under the Federal Tort Claims Act

    VA's official guidance on filing a tort claim (Standard Form 95) for negligent care at a VA facility. Requires a written claim with a sum certain and the claimant's or attorney's signature.

  7. 10 U.S.C. § 2733a (medical malpractice claims by members of the uniformed services)

    Created by the 2020 NDAA: an administrative claim process for active-duty service members injured by military medical malpractice, which is not barred by the Feres doctrine's exclusion of court suits.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.