Military & VA Medical Malpractice in Maine

How to File a VA Medical Malpractice Claim in Maine

Filing a medical malpractice claim against a VA facility in Maine requires careful attention to federal procedures and deadlines. Follow these essential steps:

Step 1: Document Everything

• Medical Records: Obtain copies of all VA treatment records, private medical records, and imaging results
• Timeline of Events: Create a detailed chronology of medical care and when injuries occurred
• Witness Information: Record names and contact details of all healthcare providers involved
• Financial Impact: Keep receipts for medical expenses, lost wages, and other damages

Step 2: Gather Supporting Medical Evidence

• Private Medical Evaluation: Seek an independent medical opinion to establish standard of care violations
• Medical Timeline: Have a qualified physician review records to identify when negligence occurred
• Expert Support: Begin identifying medical experts who can testify about VA provider negligence

Step 3: File Standard Form 95 (SF-95)

• Complete All Sections: Fill out the SF-95 form with precise details about your injury
• Damage Amount: Specify an exact dollar amount for your claim (this becomes your maximum recovery)
• Supporting Documents: Attach relevant medical records and evidence
• Proper Submission: Send to the VA's Office of Regional Counsel serving Maine
• Timing Requirement: Must file within two years of injury discovery per 28 U.S.C. § 2401(b)

Step 4: Administrative Review Period

• Six-Month Wait: The VA has 6 months to investigate and respond per 28 U.S.C. § 2675(a)
• Agency Investigation: Cooperate with any VA requests for additional information
• Settlement Possibility: Consider any settlement offers made during this period
• No Lawsuit Filing: Cannot file in federal court during this 6-month period

Step 5: Federal Court Lawsuit

• When to File: After claim denial or 6 months without response
• Where to File: U.S. District Court for the District of Maine
• Time Limit: Must file within 6 months of claim denial
• Legal Representation: Retain an attorney experienced in federal FTCA litigation

Maine FTCA Claims: State Law Considerations

Statute of Limitations

• Federal FTCA Deadline: Two years from injury discovery (28 U.S.C. § 2401(b))
• Maine State Deadline: Three years for medical malpractice (Maine Rev. Stat. tit. 24, § 2902)
• Discovery Rule Application: Clock starts when injury reasonably should have been discovered
• FTCA Preemption: Federal two-year limit applies regardless of state deadline

Maine Damage Caps

• No General Cap: Maine does not impose overall caps on medical malpractice damages
• Wrongful Death: $500,000 cap on non-economic damages in wrongful death cases (Maine Rev. Stat. tit. 18-A, § 2-804)
• FTCA Limitation: Recovery cannot exceed amount claimed on SF-95
• Punitive Damages: Prohibited in FTCA cases per 28 U.S.C. § 2674

Expert Witness Requirements

• Certificate Required: Maine requires a pre-litigation notice signed by a qualified medical expert
• Expert Qualifications: Must practice in same or similar specialty as defendant
• Affidavit Timing: Must be filed within 90 days of complaint (Maine Rev. Stat. tit. 24, § 2903)
• Federal Standards: Daubert expert witness standards apply in FTCA cases
• Specialty Matching: Expert must have active practice in defendant's specialty area

Special Maine FTCA Considerations

• State vs. Federal: While filed in federal court, Maine medical standards apply
• Screening Panels: Maine's mandatory screening panel process doesn't apply to FTCA cases
• Comparative Negligence: Maine's modified comparative fault rule applies (Maine Rev. Stat. tit. 14, § 156)
• Settlement Authority: U.S. Attorney's Office has authority over FTCA settlements