California veterans and military families receive care at VA medical centers and military treatment facilities throughout the state. If negligent care at any of these government facilities caused you harm, you may pursue compensation under the Federal Tort Claims Act (FTCA). The Archuleta Law Firm has recovered over $145 million for victims of VA and military medical malpractice. Our unique doctor-attorney on staff provides unmatched expertise in evaluating complex medical negligence claims. Request your free case evaluation.
How to File a VA Medical Malpractice Claim in California
Filing a medical malpractice claim against a VA facility in California requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's the step-by-step process:
Step 1: Document Everything
- Medical Records: Obtain copies of all relevant medical records from VA facilities
- Timeline: Create a detailed chronology of medical care and when injuries were discovered
- Witnesses: List all healthcare providers involved and potential witnesses
- Damages: Keep receipts and documentation of all medical expenses, lost wages, and other costs
Step 2: File Administrative Claim (SF-95)
The FTCA requires filing Standard Form 95 (SF-95) with the appropriate federal agency. Critical requirements include:
- Complete Form: Fill out all sections of SF-95, including specific damages amount
- Documentation: Attach relevant medical records and evidence
- Deadline: Submit within 2 years of when injury was discovered (28 U.S.C. § 2401(b))
- Delivery: Send to correct VA office location (typically VA Regional Counsel)
Step 3: Agency Review Period
- Six-Month Review: The VA has 6 months to investigate and respond
- Decision Options: The VA can accept, deny, or negotiate the claim
- Documentation: Keep copies of all correspondence with the VA
Step 4: Federal Lawsuit (If Necessary)
If your claim is denied or the VA doesn't respond within 6 months:
- File Deadline: Must file federal lawsuit within 6 months of denial
- Court Selection: File in appropriate California federal district court
- Legal Representation: Consider securing an FTCA-experienced attorney
Step 5: Settlement or Trial
- Settlement: Many cases resolve through negotiation
- Trial: If settlement isn't reached, case proceeds to bench trial (no jury)
- Appeal Rights: Limited appeals process through federal system
California FTCA Claims: State Law Considerations
Statute of Limitations
The FTCA has strict timing requirements that differ from California state law:
- Federal Deadline: 2 years from discovery of injury (28 U.S.C. § 2401(b))
- Administrative Claim: Must be filed before any lawsuit
- Discovery Rule: Clock starts when injury reasonably should have been discovered
- Jurisdictional: Missing deadlines typically bars claim permanently
California Damage Considerations
FTCA claims in California must consider both federal and state limitations:
- Economic Damages: No cap under FTCA
- Non-Economic Damages: Subject to state limits
- Punitive Damages: Prohibited under FTCA
- Wrongful Death: Special considerations apply
Under the FTCA, damages follow California state law. Economic damages (medical expenses, lost wages) have no federal cap, while non-economic damages may be subject to state limitations. Our attorneys can analyze how California law affects your specific case.
Expert Witness Requirements
Medical malpractice claims require expert testimony to establish:
- Standard of Care: What reasonable healthcare providers would do
- Breach: How care fell below standards
- Causation: How breach caused injuries
- Damages: Extent of harm and future care needs
Medical malpractice claims require expert testimony to establish the standard of care, breach, causation, and damages. California may have specific requirements for expert qualifications. Our team works with qualified medical experts to build compelling cases.
Important Distinctions
FTCA claims differ from standard California medical malpractice cases:
- No Jury: Federal judge decides FTCA cases
- Federal Rules: Federal court procedures apply
- Choice of Law: State substantive law, federal procedural law
- Attorney Fees: Limited to 25% if case settles administratively
Were You Harmed at a California Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in California, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
California Medical Malpractice Cases
We handle these types of claims at California VA & military facilities
California Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at California VA hospitals and military treatment facilities
View California casesCalifornia Misdiagnosis
Delayed or incorrect diagnosis leading to harm at California VA hospitals and military treatment facilities
View California casesCalifornia Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at California VA hospitals and military treatment facilities
View California casesCalifornia Wrongful Death
Fatal medical errors and negligent care at California VA hospitals and military treatment facilities
View California casesCalifornia Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at California VA hospitals and military treatment facilities
View California casesCalifornia Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at California VA hospitals and military treatment facilities
View California casesCalifornia Medical Facilities
118 VA hospitals, clinics, and military treatment facilities
60th Medical Group, David Grant USAF Medical Center
Travis Air Force Base
Fresno Medical Center
Jennifer Moreno Department of Veterans Affairs Medical Center
Jerry L. Pettis Memorial Veterans' Hospital
Martinez Medical Center
Naval Hospital Camp Pendleton
Marine Corps Base Camp Pendleton
Naval Hospital Twentynine Palms
Marine Corps Air Ground Combat Center
Naval Medical Center San Diego
Naval Medical Center San Diego
Palo Alto Medical Center
Palo Alto Medical Center-Livermore
Palo Alto Medical Center-Menlo Park
Sacramento Medical Center
San Francisco Medical Center
Sepulveda Medical Center
Tibor Rubin Medical Center
West Los Angeles Medical Center
13 Area Branch Health Clinic (Mainside)
Marine Corps Base Camp Pendleton
21 Area Branch Medical Clinic (Del Mar)
Marine Corps Base Camp Pendleton
22 Area Branch Health Clinic (Chappo)
Marine Corps Base Camp Pendleton
30th Medical Group
Vandenberg Space Force Base
31 Area Branch Health Clinic (Edson Range)
Marine Corps Base Camp Pendleton
33 Area Branch Health Clinic (Margarita)
Marine Corps Base Camp Pendleton
43 Area Branch Health Clinic (Las Pulgas)
Marine Corps Base Camp Pendleton
52 Area Branch Health Clinic (San Onofre)
Marine Corps Base Camp Pendleton
53 Area Branch Health Clinic (Horno)
Marine corps Base Camp Pendleton
61st Medical Squadron
Los Angeles Air Force Base
62 Area Branch Health Clinic (San Mateo)
Marine Corps Base Camp Pendleton
Antelope Valley Clinic
Bakersfield Clinic
Blythe Clinic
Branch Health Clinic China Lake
Naval Air Weapons Station China Lake
Branch Medical Clinic Barstow
Marine Corps Logistics Base
Branch Medical Clinic Marine Corps Air Station Miramar
MCAS Miramar
Branch Medical Clinic, Bridgeport
Branch Health Clinic Bridgeport, California
Cabrillo Clinic
Capitola Clinic
Captain Rosemary Bryant Mariner Outpatient Clinic
Chico Clinic
Chula Vista Clinic
Clearlake Clinic
Coast Guard Base Los Angeles/ Long Beach
HSWL Clinical Practice Los Angeles/ Long Beach
Community Based Health Clinic (Temecula)
Temecula River Valley Community
Corona Clinic
Cypress Avenue Clinic
Diamond View Clinic
East Los Angeles Clinic
Escondido Clinic
Eureka Clinic
Fairfield Clinic
Fremont Clinic
Greater Los Angeles Mobile Medical Unit
Hemet Clinic
HSWL Clinical Practice Humboldt Bay Clinic
USCG Group Air Station Humboldt Bay
Imperial Valley Clinic
Kearny Mesa Clinic
Laguna Hills Clinic
Loma Linda Clinic
Los Angeles Clinic
Major General William H. Gourley VA-DoD Outpatient Clinic
Mare Island Clinic
McClellan Clinic
Modesto Clinic
Murrieta Clinic
Naval Base Coronado (North Island)
Naval Branch Health Clinic NAS North Island
Naval Branch Health Clinic (Point Mugu)
Naval Air Station Point Mugu
Naval Branch Health Clinic Eastlake
Naval Medical Center San Diego
Naval Branch Health Clinic El Centro
Naval Air Facility El Centro
Naval Branch Health Clinic Kearny Mesa
Naval Branch Health Clinic Kearny Mesa
Naval Branch Health Clinic Naval Base San Diego
Naval Base San Diego
Naval Branch Health Clinic Naval Training Center (NTC)
NBHC NTC
Naval Branch Health Clinic Port Hueneme
Naval Base Ventura Port Hueneme
North Loma Linda Clinic
North Santa Rosa Clinic
Oceanside Clinic
Palo Alto 2 Mobile Medical Unit
Placentia Clinic
Rancho Cucamonga Clinic
Richard A. Pittman Clinic
Rio Clinic
San Bruno Clinic
San Diego Domiciliary
San Francisco Clinic
San Gabriel Valley Clinic
San Jose Clinic
San Luis Obispo Clinic
Santa Ana Clinic
Santa Barbara Clinic
Santa Fe Springs Clinic
Santa Maria Clinic
Sonora Clinic
Sorrento Valley Clinic
South Santa Rosa Clinic
Sy Kaplan Clinic
Twenty-First Street Clinic
Ukiah Clinic
Victorville Clinic
West Santa Ana Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyCalifornia government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About California VA Claims
What are the statute of limitations for military medical malpractice claims in California?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. After the agency denies your claim or fails to respond within six months, you have an additional six months to file a federal lawsuit. California state law may also affect certain aspects of your case, including the discovery rule interpretation. Contact our firm for a detailed analysis of your specific situation.
How do I file a medical malpractice claim against a California VA hospital?
To file an FTCA claim against a California VA facility, you must first submit Standard Form 95 (SF-95) to the VA Regional Counsel's office. The form requires specific details about your injury, the negligent act, and a "sum certain" dollar amount for your claim. Our attorneys can guide you through this complex process. Learn more on our SF-95 guide page.
Can you sue a military hospital for medical malpractice in California?
Yes, military families and dependents can file FTCA claims against military treatment facilities in California for medical negligence. This includes birth injuries, surgical errors, misdiagnosis, and other forms of malpractice. The process is similar to VA claims but requires filing with the appropriate military branch's claims office.
What damages can I recover in a California VA malpractice case?
FTCA claims may recover economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Punitive damages are not available under the FTCA. California state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.