American Samoa veterans and military families receive care at If negligent care at any of these government facilities caused you harm, you may pursue compensation under the Federal Tort Claims Act (FTCA). The Archuleta Law Firm has recovered over $145 million for victims of VA and military medical malpractice. Our unique doctor-attorney on staff provides unmatched expertise in evaluating complex medical negligence claims. Request your free case evaluation.
American Samoa VA & Military Malpractice: Key Legal Facts
To sue a VA or military hospital in American Samoa for medical malpractice, you must file an SF-95 administrative claim within 2 years to file an SF-95 administrative claim under the Federal Tort Claims Act (28 U.S.C. § 2401(b)). No state-specific damage-cap data is on record for American Samoa; FTCA recovery follows federal law.
- FTCA filing deadline (federal)
- 2 years to file an SF-95, then 6 months to sue after denial
- 28 U.S.C. § 2401(b)
American Samoa state law verified by Dr. Michael Archuleta, MD, JD · Last updated June 2026. Get a free American Samoa case review →
Not legal advice. This is general information only and not a substitute for consultation with an attorney about your specific situation. Laws change and exceptions apply. Contacting the firm does not create an attorney-client relationship. Attorney advertising.
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.
Were You Harmed at an American Samoa Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in American Samoa, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
American Samoa Medical Malpractice Cases
We handle these types of claims at American Samoa VA & military facilities
American Samoa Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Misdiagnosis
Delayed or incorrect diagnosis leading to harm at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Wrongful Death
Fatal medical errors and negligent care at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Medication Errors
Wrong drug, wrong dosage, and dangerous drug interactions at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Emergency Room Errors
Delayed triage, missed diagnoses, and negligent ER care at American Samoa VA hospitals and military treatment facilities
View American Samoa casesAmerican Samoa Medical Facilities
1 VA hospitals, clinics, and military treatment facilities
Faleomavaega Eni Fa'aua'a Hunkin Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyAmerican Samoa government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About American Samoa VA Claims
What are the statute of limitations for military medical malpractice claims in American Samoa?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. If the VA mails you a written denial, you have six months from the date it is mailed to file a federal lawsuit (28 U.S.C. § 2401(b)). If the VA simply does not respond, no six-month deadline starts — you may treat the claim as denied and file suit at any time after the six months have passed (28 U.S.C. § 2675(a)). American Samoa state law may also affect certain aspects of your case, including the discovery rule interpretation. Contact our firm for a detailed analysis of your specific situation.
How do I file a medical malpractice claim against a American Samoa VA hospital?
To file an FTCA claim against a American Samoa VA facility, you must first submit Standard Form 95 (SF-95) to the VA Regional Counsel's office. The form requires specific details about your injury, the negligent act, and a "sum certain" dollar amount for your claim. Our attorneys can guide you through this complex process. Learn more on our SF-95 guide page.
Can you sue a military hospital for medical malpractice in American Samoa?
Yes, military families and dependents can file FTCA claims against military treatment facilities in American Samoa for medical negligence. This includes birth injuries, surgical errors, misdiagnosis, and other forms of malpractice. The process is similar to VA claims but requires filing with the appropriate military branch's claims office.
What damages can I recover in a American Samoa VA malpractice case?
FTCA claims may recover economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Punitive damages are not available under the FTCA. American Samoa state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.