Connecticut veterans and military families receive care at VA medical centers 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 Connecticut
Filing a medical malpractice claim against a VA facility in Connecticut requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:
Step 1: Document Everything
- Medical Records: Request complete copies of all VA medical records related to your care
- Timeline of Events: Create a detailed chronology of when and where the negligent care occurred
- Healthcare Providers: List all VA doctors, nurses, and staff involved in your care
- Witness Information: Gather contact details for anyone who witnessed the negligent care or its effects
- Financial Impact: Keep receipts and documentation of all medical expenses and lost wages
Step 2: Obtain Supporting Medical Records
- Private Medical Records: Get records from any non-VA providers who treated you after the incident
- Expert Review: Have an independent medical expert review your records to confirm negligence
- Current Condition: Document ongoing medical issues and future care needs related to the injury
Step 3: File Standard Form 95 (SF-95)
- Proper Completion: Fill out all sections of the SF-95 completely and accurately
- Sum Certain: Specify the exact dollar amount you're claiming in damages
- Supporting Documents: Attach relevant medical records and evidence
- Submission: File with the VA Office of General Counsel in Connecticut
- Timing: Must file within 2 years of when you discovered (or should have discovered) the injury
Step 4: Wait for Agency Response
- Review Period: The VA has 6 months to investigate and respond to your claim
- Investigation: The agency will review records and may request additional information
- Decision Options: The VA can accept, deny, or negotiate your claim
- Settlement: If offered, you can accept or reject any settlement proposal
Step 5: Federal Lawsuit If Needed
- Six-Month Window: After a denial or insufficient settlement offer, you have 6 months to file suit
- Federal Court: File in the U.S. District Court for the District of Connecticut
- Legal Representation: Complex federal litigation typically requires experienced FTCA counsel
- Trial Preparation: Gather expert witnesses and prepare for federal court procedures
Connecticut FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: Two years from discovery of injury to file administrative claim (28 U.S.C. § 2401(b))
- Discovery Rule: Clock starts when you knew or should have known about the injury and its cause
- State Timeline: Connecticut's medical malpractice statute (CT Gen. Stat. § 52-584) allows 2 years from discovery, not to exceed 3 years from the incident, but FTCA timeline controls
- Wrongful Death: CT Gen. Stat. § 52-555 allows 2 years from death, up to 5 years from the incident
Connecticut Damage Caps
- No Standard Caps: Connecticut does not impose specific caps on compensatory damages in medical malpractice cases
- Economic Damages: No limits on recovery for medical expenses, lost wages, or other financial losses
- Non-Economic Damages: No statutory caps on pain and suffering or emotional distress
- Punitive Damages: Not available in FTCA cases regardless of state law
Expert Witness Requirements
- Certificate of Merit: Connecticut requires a detailed opinion letter from a similar healthcare provider (CT Gen. Stat. § 52-190a)
- Similar Provider: Expert must be actively practicing or teaching in the same specialty
- Preliminary Review: Expert must review medical records and determine there is evidence of negligence
- Timing: Certificate must be filed with the initial complaint in state cases; federal courts may require similar evidence
- Qualifications: Expert must be licensed, trained, and experienced in the same discipline as the defendant
Were You Harmed at a Connecticut Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Connecticut, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Connecticut Medical Malpractice Cases
We handle these types of claims at Connecticut VA & military facilities
Connecticut Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Connecticut VA hospitals and military treatment facilities
View Connecticut casesConnecticut Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Connecticut VA hospitals and military treatment facilities
View Connecticut casesConnecticut Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Connecticut VA hospitals and military treatment facilities
View Connecticut casesConnecticut Wrongful Death
Fatal medical errors and negligent care at Connecticut VA hospitals and military treatment facilities
View Connecticut casesConnecticut Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Connecticut VA hospitals and military treatment facilities
View Connecticut casesConnecticut Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Connecticut VA hospitals and military treatment facilities
View Connecticut casesConnecticut Medical Facilities
15 VA hospitals, clinics, and military treatment facilities
West Haven Medical Center
Danbury Clinic
Errera Clinic
John J. McGuirk Department of Veterans Affairs Outpatient Clinic
Naval Branch Health Clinic, Groton
Naval Submarine Base New London
Orange Clinic
Willimantic Clinic
Winsted Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyConnecticut government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Connecticut VA Claims
What are the statute of limitations for military medical malpractice claims in Connecticut?
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. Connecticut 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 Connecticut VA hospital?
To file an FTCA claim against a Connecticut 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 Connecticut?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Connecticut 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 Connecticut 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. Connecticut state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.