VA Medical Malpractice Attorney – FTCA and Section 1151 Claims

Veterans who suffer injuries or die due to negligent medical care at VA medical facilities deserve accountability. N. Albert Bacharach, Jr., P.A. pursues two overlapping remedies for veterans harmed by VA medical malpractice: Federal Tort Claims Act (FTCA) claims and 38 U.S.C. § 1151 VA disability compensation claims.

Two Paths to Recovery

1. Federal Tort Claim (FTCA)

If a veteran was injured within the last two years (the statute of limitations period), we pursue a Federal Tort Claim on behalf of the veteran, seeking a lump-sum recovery from the United States. FTCA claims require filing an administrative claim (SF-95) with the VA within two years of when the veteran knew, or should have known, of the injury, and can result in a single monetary recovery for pain, suffering, lost wages, and medical expenses.

2. Section 1151 VA Disability Claim

Regardless of when the veteran was injured at a VA facility, we can pursue a claim for monthly disability compensation under 38 U.S.C. § 1151, which has no statute of limitations. An 1151 claim provides VA disability compensation for veterans who have suffered a disability caused by VA medical care. In an 1151 claim, the veteran’s medical injury is treated as the equivalent of a service-connected injury or illness, resulting in ongoing monthly service-connected disability compensation.

When Both Apply

In many cases, we pursue both remedies in parallel. An FTCA claim produces a one-time lump sum; an 1151 claim produces ongoing monthly compensation. Each has its own timeline, evidence requirements, and standards.

Types of VA Medical Malpractice We Handle

• Misdiagnosis or failure to diagnose serious medical conditions such as: cancer, strokes, heart attacks, and other life-threatening medical issues
• Surgical errors and anesthesia injuries
• Medication errors
• Negligent post-operative care
• Failure to monitor or treat serious conditions
• Wrongful death at VA facilities

Where We Litigate

We represent veterans in all three federal district courts in Florida – the Northern, Middle, and Southern Districts – as well as before the VA at all levels of appeal. Mr. Bacharach is admitted to all three Florida federal district courts, the U.S. Supreme Court, the U.S. Court of Appeals for Veterans Claims, and every U.S. Circuit Court of Appeals.

Key Deadlines

• FTCA: You generally have two years from the date of injury (or the date you knew or should have known of the injury) to file an administrative claim. Missing this deadline can permanently bar recovery.
• Section 1151 claims: There is no strict time limit to file, though earlier filing generally protects a better effective date.

No Fee Unless You Win

VA medical malpractice and 1151 claims are handled on a contingency basis. Our evaluation is free. If you think you or a loved one was harmed by negligent care at a VA medical facility, contact us immediately – FTCA deadlines are unforgiving.

Related Practice Areas

• VA Disability Benefits
• PACT Act Claims
• All Practice Areas