Alaska veterans and military families receive care at VA medical centers and military treatment facilities throughout the state. 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.
How to File a VA Medical Malpractice Claim in Alaska
Successfully filing a VA medical malpractice claim in Alaska requires careful attention to both federal FTCA requirements and state legal considerations. Follow these essential steps:
Step 1: Document Everything
- Medical Records: Obtain complete copies of all relevant VA medical records
- Timeline: Create a detailed chronology of medical care and when injuries were discovered
- Witnesses: Record names and contact information of all medical providers involved
- Photographs: Document visible injuries or conditions with dated photos
- Personal Journal: Keep detailed notes about symptoms and impact on daily life
Step 2: Gather Supporting Evidence
- Private Medical Opinions: Obtain evaluations from non-VA healthcare providers
- Expert Review: Secure a qualified medical expert to review your case
- Employment Impact: Document any lost wages or reduced earning capacity
- Additional Costs: Keep receipts for all medical expenses and related costs
Step 3: File Standard Form 95
- Complete SF-95: Fill out all sections of the federal tort claim form
- Sum Certain: Specify exact amount of damages being claimed
- Supporting Documents: Attach relevant medical records and evidence
- Proper Submission: Send to the VA facility's Office of General Counsel
- Timing: Must file within 2 years of injury discovery (28 U.S.C. § 2401(b))
Step 4: Administrative Review Period
- Six-Month Wait: Allow the VA six months to investigate and respond
- Document Communications: Keep records of all VA correspondence
- Status Updates: Request periodic updates on claim investigation
- Settlement Negotiations: Consider any settlement offers carefully
Step 5: Federal Lawsuit if Necessary
- Six-Month Window: Must file suit within 6 months of claim denial
- Proper Venue: File in U.S. District Court for the District of Alaska
- Legal Representation: Consider retaining an attorney experienced in FTCA claims
- Court Requirements: Comply with all federal court procedural rules
Alaska FTCA Claims: State Law Considerations
Statute of Limitations
The FTCA imposes a strict two-year statute of limitations under 28 U.S.C. § 2401(b). Key timing considerations:
- Federal Deadline: Two years from date of injury discovery
- Administrative Claim: Must file SF-95 within this two-year period
- No Extensions: Missing this deadline typically bars your claim permanently
- Discovery Rule: Limited application under federal law
Alaska Damage Considerations
When pursuing an FTCA claim in Alaska, damages are governed by federal law with certain state law influences:
- FTCA Limitations: No punitive damages allowed
- Compensatory Damages: Economic and non-economic losses recoverable
- Actual Damages: Medical expenses, lost wages, pain and suffering
- Wrongful Death: Survival claims follow federal FTCA rules
Expert Witness Requirements
FTCA claims in Alaska federal court require specific expert testimony:
- Medical Expert: Must be qualified in the same specialty
- Standard of Care: Expert must establish the applicable standard
- Causation: Expert testimony required to prove causation
- Timely Disclosure: Must comply with federal court expert deadlines
- Written Reports: Detailed expert reports required under FRCP 26
Note: Actual filing of a medical malpractice claim should be done with proper legal representation to ensure compliance with all federal and state requirements.
Were You Harmed at an Alaska Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Alaska, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Alaska Medical Malpractice Cases
We handle these types of claims at Alaska VA & military facilities
Alaska Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Alaska VA hospitals and military treatment facilities
View Alaska casesAlaska Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Alaska VA hospitals and military treatment facilities
View Alaska casesAlaska Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Alaska VA hospitals and military treatment facilities
View Alaska casesAlaska Wrongful Death
Fatal medical errors and negligent care at Alaska VA hospitals and military treatment facilities
View Alaska casesAlaska Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Alaska VA hospitals and military treatment facilities
View Alaska casesAlaska Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Alaska VA hospitals and military treatment facilities
View Alaska casesAlaska Medical Facilities
17 VA hospitals, clinics, and military treatment facilities
Colonel Mary Louise Rasmuson Campus of the Alaska Healthcare System
673rd Medical Group
Joint Base Elmendorf-Richardson
Homer Clinic
JBER Soldier Centered Medical Home
Joint Base Elmendorf-Richardson
Joint Base Elmendorf-Richardson Medical Center
Juneau Clinic
Naval Branch Health Clinic, Marine Corps Recruit Depot
Marine Corps Recruit Depot, San Diego
Soldotna Clinic
USCG Air Station Sitka Health Services Division
US Coast Guard Sitka Air Station
USCG BASE Kodiak Rockmore-King Clinic
US Coast Guard BASE Kodiak
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyAlaska government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Alaska VA Claims
What are the statute of limitations for military medical malpractice claims in Alaska?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. After the agency denies your claim or fails to respond within six months, you have an additional six months to file a federal lawsuit. Alaska 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 Alaska VA hospital?
To file an FTCA claim against a Alaska 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 Alaska?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Alaska 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 Alaska 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. Alaska state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.