Veterans have increasingly raised concerns about medical neglect within the Department of Veterans Affairs (VA) healthcare system, and some have pursued legal action against the VA for malpractice and negligence. Whether veterans will sue over VA medical neglect depends on several factors, including the nature of the neglect, the legal framework governing claims against the government, and the individual circumstances of each case.
Medical neglect at VA facilities can involve failures such as delayed diagnosis, inadequate treatment, or lack of communication about serious health conditions. For example, there have been cases where veterans developed infections that went untreated for weeks, leading to severe complications like sepsis, heart failure, strokes, and permanent disability. In such instances, veterans and their families have filed lawsuits alleging that the VA’s failure to provide timely and appropriate care caused significant harm and loss of independence.
However, suing the VA is legally complex. The government is generally protected from lawsuits by the Federal Tort Claims Act (FTCA), but this protection is not absolute. For active-duty military members, the Feres doctrine historically barred claims for injuries “incident to service,” including medical malpractice. This doctrine has limited legal recourse for active-duty personnel but does not necessarily apply to veterans who are no longer on active duty.
In recent years, legal avenues have expanded somewhat. A 2020 federal law created an administrative claims process for medical malpractice claims by members of the uniformed services, including some National Guard and Reserve members. Veterans who are no longer active duty may pursue claims under the FTCA, but these cases often require navigating complex procedural hurdles and proving negligence on the part of VA providers.
Some veterans have successfully filed federal lawsuits against VA hospitals after exhausting other forms of redress. These lawsuits typically allege negligence, such as failure to diagnose or treat infections, resulting in permanent disability or death. Such cases draw public attention and highlight systemic issues within VA healthcare, including understaffing, resource limitations, and communication breakdowns.
Despite these legal challenges, veterans who experience medical neglect have increasingly sought justice through the courts. Law firms specializing in military and veterans’ medical malpractice have taken on cases where the VA’s failures have caused serious harm. These lawsuits serve not only to seek compensation for affected veterans but also to hold the VA accountable and push for improvements in care quality.
At the same time, not all claims against the VA succeed. Courts sometimes dismiss cases based on legal doctrines protecting the government or on insufficient evidence of negligence. Veterans considering legal action must weigh the emotional and financial cost
