VA and federal clinic malpractice claims in Albuquerque

Which Albuquerque care is federal

• The VA. The Raymond G. Murphy Department of Veterans Affairs Medical Center, 1501 San Pedro Drive SE, Albuquerque, and its outpatient clinics.
• Military medical care, such as the clinic at Kirtland Air Force Base.
• Indian Health Service facilities.
• Federally funded community health centers that the government has "deemed" to be Public Health Service employees for malpractice purposes (42 U.S.C. 233(g)). HRSA publishes a search tool showing which health centers are deemed.

New Mexico's Medical Malpractice Act excludes anyone protected by the Federal Tort Claims Act from its definition of a health care provider (NMSA 41-5-3, as amended in 2026).

Not everything paid for by the VA is federal care. The VA says the FTCA does not govern acts of non-VA medical facilities, community care providers or independent contractors. If the VA sent you to a private Albuquerque hospital or doctor under community care, the claim is usually against that provider under New Mexico law. See the main malpractice guide.

You claim against the United States, not the doctor

When a federal employee causes injury while acting within the scope of the job, the remedy is a claim against the United States under the FTCA, and that remedy replaces any suit against the employee personally (28 U.S.C. 2679(b)(1)). The same is true for Public Health Service medical, surgical and dental work and for staff of deemed health centers (42 U.S.C. 233). The United States is liable in the same manner and to the same extent as a private person in like circumstances (28 U.S.C. 2674), which in practice means New Mexico law on negligence and damages is the starting point.

Step 1: a written administrative claim within two years

No lawsuit can be filed until the claim has first been presented to the federal agency involved (28 U.S.C. 2675(a)). The claim is barred unless it is presented in writing to the appropriate agency within two years after it accrues (28 U.S.C. 2401(b)). The VA says the claim must be received by the agency within that time, so mailing it on the last day is not enough.

Most claimants use Standard Form 95. The VA says the form itself is optional, as long as the written claim includes:

• a detailed description of what happened
• a sum certain: the total dollar amount claimed
• the signature of the claimant, or the claimant's attorney

The VA's Office of General Counsel accepts tort claims by email, fax or mail, and lists the addresses on its FTCA page. Do not send original records or flash drives.

The amount you claim is a ceiling

If the case later goes to court, you generally cannot sue for more than the amount stated in the administrative claim, unless the increase is based on newly discovered evidence that was not reasonably discoverable when the claim was filed, or on intervening facts (28 U.S.C. 2675(b)). Putting too low a number on the form can permanently cap the recovery, which is one reason people involve a lawyer before filing.

Step 2: the agency decides, or six months pass

The agency can settle or deny the claim. If it has not made a final decision within six months, the claimant may treat the claim as denied and file suit (28 U.S.C. 2675(a)). After a written denial sent by certified or registered mail, the claimant has six months from the mailing date to file suit (28 U.S.C. 2401(b)). Missing that second deadline ends the claim.

Step 3: a lawsuit in federal court

FTCA cases are filed in federal district court, and they are tried by a judge without a jury (28 U.S.C. 2402). Other federal rules differ from a state malpractice case:

• No punitive damages and no interest before judgment (28 U.S.C. 2674).
• Attorney fees are capped by statute: no more than 20% of an administrative settlement, and no more than 25% of a judgment or settlement after suit is filed (28 U.S.C. 2678).

Active-duty service members

Members of the uniformed services have a separate administrative process. Federal law lets a service member, or an authorized representative if the member has died or is incapacitated, file a claim with the Department of Defense for malpractice by a Department of Defense health care provider at a covered military medical treatment facility. The claim must be presented in writing within two years after it accrues (10 U.S.C. 2733a). Family members, retirees and other civilians treated at a military facility generally use the FTCA process described above.

How this compares to UNM Hospital and private hospitals

See UNM Hospital claims and New Mexico malpractice deadlines.

Frequently asked questions