Claims over care at a VA hospital or a military clinic

The James A. Haley Veterans’ Hospital is the hospital of the VA Tampa Healthcare System (opens in a new tab), part of the U.S. Department of Veterans Affairs. VA describes it as a teaching hospital (opens in a new tab).

VA Tampa health care also lists VA clinics in Tampa, Riverview, Temple Terrace and other cities (opens in a new tab).

The military medical unit at MacDill Air Force Base is the 6th Medical Group, whose site describes two military treatment facilities (opens in a new tab), the MacDill Clinic on base and the Sabal Park Clinic in Tampa. VA lists a Sabal Park VA Clinic (opens in a new tab) too, and a claim is presented to the Federal agency whose activities gave rise to the claim (opens in a new tab), so for care at Sabal Park the first thing to establish is which agency’s staff gave it.

Negligent care by a federal employee acting within the scope of the job is a claim against the United States, which is liable where a private person would be liable under the law of the place where the act or omission occurred (opens in a new tab). That remedy is exclusive of any other action against the employee (opens in a new tab). The same rule covers a health care employee of the Department of Veterans Affairs (opens in a new tab).

VA says a tort claim against it may be filed using the Standard Form 95 (opens in a new tab), the government’s claim form, or in another writing that has a detailed allegation, the total dollar amount claimed and the signature of the legal claimant or attorney.

The two-year limit above runs from accrual, which the U.S. Supreme Court held in 1979 does not have to await awareness that the injury was negligently inflicted (opens in a new tab). So the period can begin before anyone has told the patient the care was negligent.

A veteran has a second route, separate from the tort claim. Where VA hospital care, medical or surgical treatment, or an examination caused an additional disability or death, compensation can be awarded as if such additional disability or death were service-connected (opens in a new tab).

The proximate cause must be carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department (opens in a new tab), or an event not reasonably foreseeable, and the disability must not result from the veteran’s willful misconduct.

The two routes are offset. After a judgment, settlement or compromise of the tort claim becomes final, those benefits are not paid until the benefits that would otherwise have been paid equal the total amount included in it (opens in a new tab), with an exception the section sets out.

The 6th Medical Group’s women’s health clinic says priority is given to active duty service members (opens in a new tab) and that, as space allows, it also cares for family members of active duty service members, DOD retirees, and their family members.

Service members are under a separate rule. Federal regulations state that claims by members of the uniformed services for injury or death incident to service are not allowed under the Federal Tort Claims Act (opens in a new tab). A member may instead present a claim to the Department of Defense for malpractice by one of its health care providers at a military hospital or clinic the statute covers, in writing within two years after the claim accrues (opens in a new tab), and the decision on it is not subject to review in any court (opens in a new tab).

That regulation is about claims by members of the uniformed services, and it states that bar for them (opens in a new tab). It says nothing either way about a claim by a member’s spouse or child, or by a retiree, over their own care. For care by the armed forces’ medical staff, the remedy against the United States is exclusive of any other action against the physician, nurse or other personnel (opens in a new tab). This page does not say which route a family member or a retiree has.

A service member’s claim to the Department of Defense does not go to a court: the decision on it is not subject to review in any court (opens in a new tab). For a claim under the Federal Tort Claims Act, such as a veteran’s claim over VA care, no suit may be filed until the agency has finally denied the claim in writing, or has gone six months after it was filed without a final disposition (opens in a new tab). Suit must then be begun within six months after the agency mails its notice of final denial (opens in a new tab), and the case is tried by the court without a jury (opens in a new tab).

The federal district courts have exclusive jurisdiction (opens in a new tab) of such a suit, and it may be brought only in the district where the plaintiff resides or where the act or omission complained of occurred (opens in a new tab).

For Hillsborough County that court is the Middle District of Florida (opens in a new tab).