New York 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 New York
Filing a medical malpractice claim against a VA facility in New York requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:
Step 1: Document Everything
- Medical Records: Gather all relevant medical records from VA and non-VA providers
- Timeline: Create a detailed chronology of medical care and when injuries occurred
- Witness Information: Collect names and contact details of anyone who witnessed the incident
- Financial Impact: Document all medical expenses, lost wages, and other damages
Step 2: Obtain Records and Evidence
- Request Records: Submit a formal records request to the VA facility
- Private Records: Get records from any private healthcare providers who treated you
- Employment Records: If your injury affected your work, gather documentation
- Expert Review: Have medical records reviewed by qualified healthcare professionals
Step 3: File Standard Form 95 (SF-95)
- Complete Form: Fill out Standard Form 95 with all required information
- Sum Certain: Include specific dollar amounts for all damages claimed
- Supporting Documents: Attach relevant medical records and documentation
- Submit: File with VA Office of General Counsel within the two-year deadline
- Keep Copies: Maintain copies of everything submitted, including proof of delivery
Step 4: Wait for Agency Response
- Six-Month Review: The VA has 6 months to investigate and respond
- Document Communications: Keep records of all correspondence
- Consider Settlement: Evaluate any settlement offers carefully
- Seek Legal Counsel: Consider attorney representation during negotiations
Step 5: Federal Lawsuit if Necessary
- Six-Month Window: File in federal court within 6 months of claim denial
- Proper Venue: File in appropriate New York federal district court
- Legal Requirements: Comply with federal court procedures and deadlines
New York FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: Two years from date of injury or discovery (28 U.S.C. § 2401(b))
- Federal Priority: FTCA deadline supersedes New York state deadlines
- Discovery Rule: Clock starts when injury and its cause should have been discovered
- Agency Response: Must wait for agency denial or 6-month deemed denial before filing suit
New York Damage Considerations
- No Punitive Damages: FTCA prohibits punitive damages (28 U.S.C. § 2674)
- Compensatory Damages: Economic and non-economic damages available
- State Law Application: Federal court applies New York state law for damages
- No Jury Trials: FTCA cases are decided by federal judges, not juries
Expert Witness Requirements
- Certificate of Merit: Required under NY CPLR § 3012-a
- Timing: Must be filed with the complaint or within 90 days
- Qualifications: Expert must be licensed physician in appropriate specialty
- Content: Must state reasonable basis for claim based on review of facts
- Exception: Court may extend deadline for good cause
Additional Considerations
- Administrative Claim: Must exhaust administrative remedies before court filing
- Proper Notice: SF-95 must include specific allegations and sum certain
- Government Attorneys: Case defended by U.S. Attorney's Office
- Settlement Authority: Different approval levels based on settlement amount
Remember that successful FTCA claims require strict adherence to federal procedures while incorporating relevant New York state medical malpractice standards. Missing any deadline or requirement can bar your claim entirely.
Were You Harmed at a New York Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in New York, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
New York Medical Malpractice Cases
We handle these types of claims at New York VA & military facilities
New York Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at New York VA hospitals and military treatment facilities
View New York casesNew York Misdiagnosis
Delayed or incorrect diagnosis leading to harm at New York VA hospitals and military treatment facilities
View New York casesNew York Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at New York VA hospitals and military treatment facilities
View New York casesNew York Wrongful Death
Fatal medical errors and negligent care at New York VA hospitals and military treatment facilities
View New York casesNew York Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at New York VA hospitals and military treatment facilities
View New York casesNew York Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at New York VA hospitals and military treatment facilities
View New York casesNew York Medical Facilities
75 VA hospitals, clinics, and military treatment facilities
Batavia Medical Center
Bath Medical Center
Brooklyn Medical Center
Buffalo Medical Center
Canandaigua Medical Center
Castle Point Medical Center
Franklin Delano Roosevelt Hospital
James J. Peters Department of Veterans Affairs Medical Center
Margaret Cochran Corbin Campus
Northport Medical Center
Samuel S. Stratton Department of Veterans Affairs Medical Center
St. Albans Medical Center
Syracuse Medical Center
Auburn Clinic
Binghamton Clinic
Catskill Clinic
Clifton Park Clinic
Donald J. Mitchell Department of Veterans Affairs Outpatient Clinic
Dunkirk Clinic
East Meadow Clinic
Eastern Dutchess Clinic
Erie West Clinic
Fonda Clinic
Glens Falls Clinic
Harlem Clinic
Lockport Clinic
Monticello Clinic
Naval Branch Health Clinic Saratoga Springs
Naval Branch Health Clinic Saratoga Springs
Niagara Falls Clinic
Oneonta Clinic
Oswego Clinic
Patchogue Clinic
Plattsburgh Clinic
Port Jervis Clinic
Poughkeepsie Clinic
Riverhead Clinic
Rochester Calkins Clinic
Rochester Clinton Crossings Clinic
Saranac Lake Clinic
Schenectady Clinic
Springville Clinic
Staten Island Community Clinic
Thomas P. Noonan Jr. Department of Veterans Affairs Outpatient Clinic
Tompkins County Clinic
Valley Stream Clinic
Watertown 2 Clinic
Watertown Clinic
Wellsville Clinic
West Seneca Clinic
Westport Clinic
White Plains Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyNew York government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About New York VA Claims
What are the statute of limitations for military medical malpractice claims in New York?
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. New York 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 New York VA hospital?
To file an FTCA claim against a New York 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 New York?
Yes, military families and dependents can file FTCA claims against military treatment facilities in New York 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 New York 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. New York state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.