Military & VA Medical Malpractice in Colorado

How to File a VA Medical Malpractice Claim in Colorado

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

Step 1: Document Everything

• Medical Records: Obtain copies of all relevant VA medical records
• Timeline: Create a detailed chronology of medical care and when injuries occurred
• Witnesses: Record names and contact information of all medical providers involved
• Damages: Document all medical expenses, lost wages, and other economic losses
• Photos: Take pictures of visible injuries or medical conditions if applicable

Step 2: Obtain Supporting Medical Records

• Private Records: Gather records from any non-VA providers who treated the injury
• Expert Review: Have an independent medical expert review your records
• Treatment Plan: Document ongoing medical needs and future care requirements
• Expert Statement: Obtain a preliminary opinion on standard of care violation

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

• Deadline: Must file within 2 years of injury date per 28 U.S.C. § 2401(b)
• Documentation: Include all medical records and evidence with your SF-95
• Damages: List ALL potential damages - you cannot claim more later
• Signature: Must be signed by claimant or legal representative
• Submission: Send to VA Office of General Counsel via certified mail

Step 4: Administrative Review Period

• Timeline: VA has 6 months to review per 28 U.S.C. § 2675(a)
• Investigation: VA will conduct internal investigation
• Communication: Respond promptly to any VA requests for information
• Documentation: Keep copies of all correspondence with VA
• Settlement: Consider any settlement offers carefully

Step 5: Federal Lawsuit (If Necessary)

• Deadline: Must file within 6 months of claim denial
• Jurisdiction: File in U.S. District Court for the District of Colorado
• Requirements: Must exhaust administrative remedies first
• Representation: Consider hiring an attorney experienced in FTCA claims

Colorado FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: 2 years from injury date (28 U.S.C. § 2401(b))
• Discovery Rule: Under Colorado law, clock starts when injury discovered or should have been discovered
• Wrongful Death: Separate 2-year limit applies from date of death
• Administrative Claim: Must file SF-95 within this 2-year window
• Federal Court Filing: 6 months from administrative denial

Colorado Damage Caps (Effective January 1, 2025)

Medical malpractice damages in Colorado are subject to new caps under HB 24-1472:

• Non-Economic Damages: Cap increases to $875,000 by January 1, 2029
• Wrongful Death: Cap increases to $1.575 million by January 1, 2029
• Economic Damages: No cap on provable economic losses
• Inflation Adjustments: Biennial increases begin January 2028
• FTCA Application: State caps generally apply to federal claims

Expert Witness Requirements

Colorado requires specific qualifications for medical expert witnesses:

• Specialty Match: Expert must practice in same specialty as defendant
• Active Practice: Must be actively practicing or teaching
• Geographic Scope: No requirement to be licensed in Colorado
• Timing: Expert must be designated early in litigation
• Report Requirements: Detailed written report explaining standard of care violation

Certificate of Merit

• Requirement: Must file within 60 days of complaint
• Content: Expert must certify substantial justification for claim
• Exceptions: Limited exceptions for pre-filing records access issues
• Multiple Defendants: Separate certificates needed for each provider
• Confidentiality: Remains sealed during litigation