VA Medical Malpractice Claims in Arizona

By Joe Styler, editor (not an attorney). Updated October 17, 2026. Sources checked

If a veteran was hurt by care at a VA hospital or VA clinic in Arizona, the claim does not start in an Arizona courthouse. It starts with a written claim to the Department of Veterans Affairs, and federal law gives two years to get it there. This page explains the federal steps in order, what is different from an ordinary Arizona malpractice case, and what you can do this week.

The short answer

• A claim about care from a VA employee is a claim against the United States under the Federal Tort Claims Act.
• Before any lawsuit, a written claim has to reach VA within two years after the claim accrues (28 U.S.C. 2401(b)).
• The written claim must ask for a specific dollar amount, called a “sum certain.”
• VA generally gets six months to decide. A lawsuit, if one follows, is heard by a federal judge without a jury.
• Care from a non-VA doctor or hospital, even when VA arranged or paid for it, usually follows different rules.

Why VA care follows different rules

VA doctors, nurses and other staff are federal employees. When a federal employee causes an injury while doing their job, the claim is against the United States, and Congress decides how that claim works. The Federal Tort Claims Act says the United States is liable “in the same manner and to the same extent as a private individual under like circumstances” (28 U.S.C. 2674).

Federal law also says the case is judged under “the law of the place where the act or omission occurred” (28 U.S.C. 1346(b)(1)). For care given in Arizona, that generally points back to Arizona’s own malpractice law, including the two elements in A.R.S. 12-563: the provider fell below the expected standard of care, and that failure was a proximate cause of the injury. Our guide to Arizona medical malpractice law explains those elements.

What changes is the path. The deadline, the first step, the court, and some of the rules on money all come from federal law.

Step one: a written claim to VA within two years

Federal law says a tort claim against the United States is “forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues” (28 U.S.C. 2401(b)). For VA care, the agency is VA.

Under the Justice Department’s rule, a claim counts as presented when the agency receives a Standard Form 95 “or other written notification of an incident,” together with a claim for money damages “in a sum certain” (28 CFR 14.2(a)). VA’s Office of General Counsel says the SF-95 form may be used but is not required. Its page says a written claim needs a detailed description of what happened, the total dollar amount claimed, and the signature of the claimant or the claimant’s attorney.

Two points on that first step matter a great deal:

• The two years is about when VA receives the claim. VA’s page puts it this way: “A tort claim must be received by the proper agency within two years of the date the claim accrued.”
• The dollar amount carries forward. A later lawsuit generally cannot ask for more than the amount in the claim, unless the increase rests on newly discovered evidence or new facts (28 U.S.C. 2675(b)). This is one reason people often have a lawyer prepare the claim.

After the claim is filed: the federal timeline

No lawsuit can be filed until the claim has been presented to VA and finally denied in writing by certified or registered mail (28 U.S.C. 2675(a)). If VA has not made a final decision within six months after the claim was filed, the claimant may, at any time after that, treat the silence as a denial and move on to court.

If VA does deny the claim, the lawsuit generally has to be started within six months after the denial letter was mailed (28 U.S.C. 2401(b)).

The main federal time limits for a VA care claim

Step	Time limit	Source
Written claim with a sum certain reaches VA	Within two years after the claim accrues	28 U.S.C. 2401(b)
VA decides the claim	If no final decision after six months, the claimant may treat it as denied	28 U.S.C. 2675(a)
Lawsuit after a written denial	Within six months after the denial was mailed	28 U.S.C. 2401(b)

VA’s page describes what happens on its side: the claim is checked and assigned, an acknowledgment letter is mailed, and VA reviews the allegations and records, may interview people, and may get a medical opinion before deciding. VA also says its claims staff “cannot provide legal advice” about filing a claim. Sending our form does not stop or pause any deadline.

Care VA paid for is not always VA care

Many veterans in Arizona see community doctors and hospitals through VA programs. That care can follow very different rules. The Federal Tort Claims Act does not cover “any contractor with the United States” (28 U.S.C. 2671), and VA’s claims page says the act does not govern the acts of non-VA medical facilities, community care providers or independent contractors.

If the person who made the mistake worked for a private clinic or hospital, the claim is usually an ordinary Arizona claim. Arizona generally allows two years after the cause of action accrues (A.R.S. 12-542), and the expert affidavit rules in A.R.S. 12-2603 apply. Our page on the Arizona statute of limitations covers those clocks. If you are not sure who employed the provider, treat both deadlines as possible until a lawyer sorts it out.

How a federal case is decided

A lawsuit under the Federal Tort Claims Act is filed in federal district court, and it is “tried by the court without a jury” (28 U.S.C. 2402). A federal judge hears the evidence and decides.

Federal law also limits some parts of the recovery and some fees:

• The United States is not liable for punitive damages or for interest before judgment (28 U.S.C. 2674).
• A lawyer’s fee may not be more than 20 percent of a settlement or award made by the agency, or more than 25 percent of a court judgment or a settlement made after a lawsuit is filed (28 U.S.C. 2678).

Our page on how malpractice lawyers are paid in Arizona explains contingent fee agreements in general.

Not sure whether the provider was a VA employee or a community provider? Request a free case review.

VA disability compensation is a separate track

A separate law, 38 U.S.C. 1151, lets VA pay disability compensation for a qualifying additional disability or death caused by VA hospital care, medical or surgical treatment, or examination, as if it were service-connected. It covers harm caused by “carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault” by VA, and also “an event not reasonably foreseeable.”

This is a benefits claim, not a lawsuit, and it has its own process. The two tracks can affect each other. If a veteran later receives a judgment or settlement against the United States for the same disability, the statute offsets VA benefits until the benefits withheld equal that amount (38 U.S.C. 1151(b)). Ask a lawyer or an accredited veterans representative how the two fit together before you file either one.

What to do this week

1. Write down the dates of each visit, test, procedure and phone call, and which VA facility or clinic was involved.
2. Write down the names or roles of the staff, if you know them, and whether anyone said they worked for VA or for an outside company.
3. Note the date you first had reason to think the care caused the harm. The two years may be counted from around then, and it may be earlier than you think.
4. Keep any letters, discharge papers, bills and portal messages. VA’s claims office says not to send VA medical records with a claim, because it already has access to them.
5. Talk to a lawyer before you file the written claim, because the dollar amount and the description in it can shape the whole case.

For the steps of a claim from start to finish, see how a medical malpractice claim works in Arizona. If the care was at a city, county or state facility rather than VA, our page on claims against public hospitals in Arizona covers the 180-day notice of claim instead.

Frequently asked questions

How long do I have to file a claim about VA medical care?

Federal law says a tort claim against the United States must be presented in writing to the agency within two years after the claim accrues (28 U.S.C. 2401(b)). VA says the claim must be received within two years of the date it accrued. Sending our form does not stop or pause any deadline.

Do I have to use Standard Form 95?

VA’s Office of General Counsel says the SF-95 may be used but is not required. A written claim must include a detailed description of what happened, a sum certain (the total dollar amount claimed) and a signature.

Can I sue VA right away?

No. A lawsuit cannot be filed until the claim has been presented to VA and denied in writing. If VA has not decided within six months, the claimant may treat the claim as denied (28 U.S.C. 2675(a)).

Is there a jury in a VA malpractice case?

No. A lawsuit against the United States under the Federal Tort Claims Act is tried by a federal judge without a jury (28 U.S.C. 2402).

What if VA sent me to a community doctor or hospital?

The Federal Tort Claims Act does not cover contractors with the United States, and VA says it does not govern non-VA facilities or community care providers. A claim about that care usually follows ordinary Arizona law, including the two-year rule in A.R.S. 12-542.

Can I get VA disability compensation instead of suing?

38 U.S.C. 1151 allows VA disability compensation for a qualifying disability or death caused by VA care. It is a separate benefits claim. If a judgment or settlement is later received for the same disability, benefits are offset until the amount is made up.