Military & VA Medical Malpractice in American Samoa

How to File a VA Medical Malpractice Claim in American Samoa

Filing a medical malpractice claim against a VA facility or military hospital in American Samoa requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:

1. Document Everything

Gather medical records: Obtain copies of all relevant medical records, including:

• Treatment records from VA facilities
• Private medical records related to the injury
• Photographs of injuries if applicable
• Names and contact information of witnesses

Keep detailed notes: Document all relevant dates, including:

• When the injury occurred or was discovered
• Dates of follow-up treatments
• Conversations with medical providers
• Impact on daily activities and work

2. Obtain Supporting Medical Evidence

Independent medical evaluation: Have your injuries assessed by a qualified medical professional outside the VA system who can:

• Provide an expert opinion on the standard of care violation
• Document the extent of injuries
• Establish causation between negligence and harm

Medical expense documentation: Compile all bills and receipts related to:

• Additional medical treatments
• Rehabilitation costs
• Medications
• Medical equipment
• Travel expenses for medical care

3. File Standard Form 95

Complete SF-95 accurately: This mandatory form must include:

• Detailed description of the incident
• Specific amount of damages claimed
• Supporting documentation
• Original signature

Submit within deadline: The FTCA requires filing within two years of:

• The date of injury, or
• The date you reasonably discovered the injury

4. Wait for Agency Response

Agency review period: The VA has 6 months to:

• Investigate your claim
• Make a settlement offer
• Deny the claim

Documentation: During this time:

• Keep copies of all correspondence
• Document all communication with the VA
• Continue gathering medical evidence

5. Consider Federal Lawsuit

If claim denied: You have 6 months from the denial date to:

• File a federal lawsuit
• Seek legal representation
• Prepare additional evidence

American Samoa FTCA Claims: State Law Considerations

Statute of Limitations

The FTCA imposes strict deadlines for filing claims:

• Administrative claim deadline: 2 years from injury date (28 U.S.C. § 2401(b))
• Federal lawsuit deadline: 6 months from claim denial
• Discovery rule application: Clock starts when injury reasonably discovered

Damage Caps and Limitations

The FTCA allows compensation for:

• Economic damages: Medical expenses, lost wages, future care costs
• Non-economic damages: Pain and suffering, emotional distress
• No punitive damages: FTCA prohibits punitive damage awards

Under the FTCA, damages follow American Samoa state law. Economic damages (medical expenses, lost wages) have no federal cap, while non-economic damages may be subject to state limitations. Our attorneys can analyze how American Samoa law affects your specific case.

Expert Witness Requirements

Federal medical malpractice claims generally require:

• Expert testimony: To establish standard of care and breach
• Qualified medical experts: With relevant specialty expertise
• Written reports: Detailing opinions and basis for conclusions

Medical malpractice claims require expert testimony to establish the standard of care, breach, causation, and damages. American Samoa may have specific requirements for expert qualifications. Our team works with qualified medical experts to build compelling cases.