| Summary: | The Department of Veterans Affairs (VA) operates one of the largest health care delivery systems in the nation -- providing health care services to more than 5 million veterans each year in over 1,000 facilities. These health care services are delivered by physicians, nurses, and other types of practitioners and range from routine examinations to complex surgical procedures. As in any health care setting, veterans receiving health care services at VA facilities may be at risk of incurring medical injury as a result of substandard care. Recent incidents have heightened concern about the quality of care provided to veterans by VA facilities. For example, in 2010 GAO reported that one VA facility discovered in 2009 that medical equipment had been improperly cleaned, thus posing safety risks to 2,526 veterans. In the event that an injury occurs as a result of care rendered by a VA practitioner, a veteran alleging medical malpractice may seek compensation by filing a tort claim with one of VA's 22 regional counsel offices. The offices, which operate under VA's Office of General Counsel (OGC), are responsible for initially investigating and, to the extent possible, resolving the tort claims through administrative review. After undergoing administrative review, claims may proceed to litigation in federal court, in which the Department of Justice (DOJ) defends the United States. During either VA's administrative review or litigation, the government may resolve tort claims by making payments to veterans. When such payments are made to veterans, VA's Office of Medical-Legal Affairs (OMLA) uses medical information from these paid tort claims, as well as related medical records and other relevant information, to assess the quality of care provided to veterans. In light of recent concerns about the quality of veterans' care provided in some VA facilities, Congress asked GAO to examine the resolution of tort claims filed against VA in the context of VA's efforts to improve the quality of veterans' care at its facilities. In this report, GAO (1) describes the number of tort claims that were resolved through VA's administrative review and through litigation from fiscal years 2005 through 2010; and, (2) examines how OMLA uses paid tort claims data to assess the quality of veterans' care.
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