Military & VA Medical Malpractice in Indiana

How to File a VA Medical Malpractice Claim in Indiana

Filing a medical malpractice claim against a VA facility in Indiana requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's the step-by-step process:

Step 1: Document Everything

• Medical Records: Gather all relevant medical records from VA facilities and private providers
• Timeline of Events: Create a detailed chronology of medical care and when injuries occurred
• Witness Information: Collect names and contact details of anyone who witnessed the incident or its effects
• Financial Impact: Document all medical expenses, lost wages, and other costs related to the injury

Step 2: Obtain Official Records

• File a FOIA Request: Submit a Freedom of Information Act request to obtain complete VA medical records
• Request Personnel Info: Identify the healthcare providers involved in your care
• Get Expert Review: Have medical records reviewed by qualified healthcare professionals
• Additional Testing: Obtain any necessary additional medical evaluations to document current condition

Step 3: File Standard Form 95

• Complete SF-95: Fill out Standard Form 95 with all required information
• Sum Certain: Specify exact amount of damages being claimed
• Supporting Documents: Attach relevant medical records and documentation
• File Within Deadline: Submit within two years of injury discovery per 28 U.S.C. § 2401(b)
• Proper Submission: File with Department of Veterans Affairs Regional Counsel

Step 4: Agency Review Period

• Six-Month Wait: Allow VA six months to investigate and respond per 28 U.S.C. § 2675
• Maintain Contact: Keep communication lines open with assigned claims examiner
• Document Communications: Keep records of all correspondence with the VA
• Consider Settlement: Evaluate any settlement offers carefully

Step 5: Federal Lawsuit if Necessary

• Six-Month Window: File lawsuit within 6 months of claim denial
• Proper Venue: File in appropriate Indiana Federal District Court
• United States: Name "United States of America" as defendant
• Legal Representation: Consider retaining counsel experienced in FTCA claims

Indiana FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: Two years from date injury was discovered (28 U.S.C. § 2401(b))
• Discovery Rule: Claim period begins when injury and its cause should have been reasonably discovered
• Administrative Claim: Must file SF-95 within this two-year period
• Strict Enforcement: Missing deadline typically bars recovery completely

Indiana Damage Caps

Based on the Indiana Medical Malpractice Act (IN Code § 34-18-14-3):

• Total Recovery Cap: $1.8 million for acts of malpractice occurring after June 30, 2019
• Provider Liability: Limited to $500,000
• State Fund Payment: Remainder paid from Indiana Patient's Compensation Fund
• No Punitive Damages: FTCA prohibits punitive damages against federal government

Expert Witness Requirements

Indiana law requires specific qualifications for medical expert witnesses:

• Healthcare Provider: Must be licensed healthcare provider
• Same Specialty: Expert must practice in same specialty as defendant
• Active Practice: Must be actively practicing or teaching in field
• Indiana Standards: Must be familiar with applicable standard of care
• Written Report: Expert opinion must be submitted with claim documentation
• Qualification Review: Court may examine expert's credentials before testimony

Remember that while Indiana state law provides the framework for medical standards of care and damages, federal FTCA procedures govern the actual claim process against VA facilities. Work with legal counsel familiar with both federal and Indiana medical malpractice requirements to ensure compliance with all applicable rules and deadlines.