Military Medical Malpractice

Military Medical Malpractice in Memphis

FTCA Claims for Veterans, Dependents & Military Families in the Mid-South

When a VA hospital or military treatment facility fails to meet the standard of care, the path to potential compensation runs through federal law, not Tennessee state courts. Medical malpractice at a federal facility is governed by the Federal Tort Claims Act (FTCA), a separate legal framework that requires filing claims against the U.S. government rather than the individual provider. The process, the deadlines, and the rules are all different. Getting them right matters.

Donati Law, PLLC has served Memphis and Mid-South clients for more than 35 years. We already represent veterans in benefits proceedings before the VA Regional Office, the Board of Veterans’ Appeals, and the Court of Veterans’ Appeals, giving us direct familiarity with how the VA operates. That same commitment extends to FTCA medical malpractice claims for veterans and military families harmed by negligent care at a federal medical facility.

If you or a family member received negligent care at a VA hospital or military treatment facility in the Memphis area, time matters. The FTCA imposes a strict two-year filing deadline. Call us at (901) 209-5500 to discuss your situation.

Who Can File an FTCA Medical Malpractice Claim

Eligibility depends on who received care and where. Veterans who receive negligent care at a VA hospital can pursue an FTCA claim. The Feres doctrine, which bars active-duty service members from suing in federal court for injuries incident to military service, doesn’t apply to veterans receiving VA care after separation. Military dependents, including spouses and children, injured at military treatment facilities in the United States may also file after completing the required administrative process. Eligible retirees treated at military facilities share that same avenue.

Active-duty service members occupy a different position. The Feres doctrine generally bars them from filing suit in federal court for injuries incident to service. The 2020 National Defense Authorization Act created a separate DoD administrative claims process for active-duty medical malpractice, but because federal courts lack jurisdiction over those claims, that process doesn’t lead to federal court. When negligence at a VA or military facility results in a patient’s death, eligible survivors may bring a wrongful death claim under the FTCA.

It’s also worth noting that a VA disability benefits claim and an FTCA malpractice claim are separate legal proceedings. A veteran may pursue both, but they serve different purposes and follow entirely different processes. We can help you understand which applies to your situation.

Memphis-Area VA & Military Facilities

The Lt. Col. Luke Weathers, Jr. VA Medical Center is the primary VA hospital serving Memphis and the surrounding region, providing care to more than 196,000 veterans across 53 counties in western Tennessee, northern Mississippi, and northwestern Arkansas. The VA Memphis Healthcare System extends across 11 locations in that same footprint. For military families, Naval Branch Health Clinic at Naval Support Activity Mid-South in Millington serves active-duty members, retirees, and their families as the on-base treatment facility for the Mid-South military community. Federally funded community health clinics operating under Section 330 of the Public Health Service Act may also fall under FTCA coverage.

Why Memphis Veterans & Military Families Work With Us

FTCA malpractice cases can take years. The administrative filing, the government’s six-month response window, and any subsequent federal court litigation demand consistent, accessible counsel throughout. As a Memphis-based, family-run firm, we provide individualized attention at every stage. Clients aren’t handed off or processed as a file. They work with attorneys who know them.

Our firm has been recognized in the 2026 edition of Best Law Firms rankings, and multiple attorneys have been named in the 32nd edition of Best Lawyers in America. Across our practice areas, we have secured millions of dollars in verdicts and settlements for Mid-South clients. Attorney fees in FTCA cases are capped by federal statute at 25 percent of any court judgment or settlement, and 20 percent of any administrative award or settlement, and we can explain exactly how that works during your consultation.

Talk to a Military Medical Malpractice Attorney in Memphis

If negligent care at a VA or military treatment facility injured you or a family member, the two-year FTCA statute of limitations begins running from the date the harm occurred or was discovered. Missing that deadline can permanently bar the claim. Don’t wait to find out where you stand.

Donati Law, PLLC offers consultations for veterans and military families throughout Memphis and the Mid-South. Call (901) 209-5500 to speak with our team about your potential FTCA malpractice claim.

How the FTCA Claims Process Works

Before a claimant can file suit in federal court, the law requires exhausting administrative remedies first. For VA malpractice, that means submitting a formal administrative claim to the VA’s Office of General Counsel using Standard Form 95 (SF-95), the federal form designed for FTCA claims, or a written document that satisfies the same requirements.

What the SF-95 Must Include

The SF-95 must include three things: a detailed factual allegation of what went wrong, a sum certain (the specific total dollar amount of all damages claimed), and the claimant’s or attorney’s signature. The sum certain is particularly significant. Under 28 U.S.C. § 2675(b), it generally caps any recovery in a later federal lawsuit, which makes accurate damage calculation before filing a critical step, not a formality.

Key Procedural Deadlines

The FTCA imposes strict deadlines at every stage of the claims process. Missing any one of them can permanently end a claim.

The SF-95 must be received by the appropriate agency within two years of the date the claim accrued under 28 U.S.C. § 2401(b). Missing this deadline can permanently bar the claim.
Once filed, the government has six months to investigate and respond. If no decision is issued within six months, the claimant may proceed to federal court.
If the agency formally denies the claim, the claimant has six months from the date of the denial letter to file suit in federal district court.

FTCA cases are decided by a federal judge, not a jury. Expert medical testimony is required to establish the applicable standard of care, how the provider deviated from it, and the causal connection between that deviation and the claimant’s injury.

Common VA & Military Medical Malpractice Claims

The categories of negligence that give rise to FTCA claims mirror what arises in civilian medical malpractice, but the legal framework is federal. Common claim types include misdiagnosis and delayed diagnosis, surgical errors, medication errors, anesthesia errors, failure to treat, and birth injuries. When negligence at a VA or military facility results in a patient’s death, eligible survivors may pursue a wrongful death claim under the FTCA.

Potential recoverable damages in a successful FTCA claim may include:

Economic damages: Past and future medical expenses, lost wages, and future care costs
Non-economic damages: Pain and suffering and loss of enjoyment of life

FTCA claims follow federal law rather than Tennessee state law, which means Tennessee’s statutory cap on non-economic damages in state malpractice cases doesn’t apply to a federal claim. Punitive damages aren’t available against the federal government under the FTCA.

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