US Federal

Does the FTCA cover injuries at a VA hospital due to medical malpractice?

28 U.S.C. § 267
Governing statute
Sovereign immun
Legal effect
Federal employe
Key requirement
Scope of duty
Critical condition
The Short Answer

Yes, the Federal Tort Claims Act (FTCA) covers medical malpractice injuries at VA hospitals because VA physicians are federal employees acting within the scope of their duties.

What the Law Says

The Federal Tort Claims Act (FTCA) waives the federal government’s sovereign immunity for certain torts committed by federal employees acting within the scope of their employment — including medical malpractice by VA physicians.

Under the FTCA, the United States can be held liable for injuries caused by the negligent or wrongful acts of its employees — but only when those employees are acting within the scope of their office or employment. Because VA physicians and staff are federal employees, their medical malpractice falls under this rule — provided the act occurred during official duties.

Importantly, the FTCA does not create new causes of action; it simply allows plaintiffs to sue the U.S. government in place of the individual employee. This means you cannot sue the VA doctor personally for malpractice — instead, you must file a claim against the United States.

Statutory Text

The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances.

— 28 U.S.C. § 2674 — Government liability for torts

What to Do

1

File an administrative claim with the Department of Veterans Affairs using Form SF-95 within 2 years of discovering the injury.

2

Wait for the VA’s written decision (or 6 months’ silence, which permits filing suit).

3

If denied or ignored, file a lawsuit in federal district court within 6 months of the denial.

4

Note: You must exhaust administrative remedies before suing — courts will dismiss cases filed prematurely.

Sources

statute28 U.S.C. § 2674 — Government liability for torts

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.