Military & VA Medical Malpractice in Florida

How to File a VA Medical Malpractice Claim in Florida

Filing a medical malpractice claim against a VA facility in Florida requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's a detailed breakdown of the process:

Step 1: Document Everything

• Medical Records: Gather all relevant medical records from VA and non-VA providers
• Timeline of Events: Create a detailed chronology of medical care and when injuries were discovered
• Witness Information: Collect contact information for anyone who witnessed the incident or its effects
• Financial Impact: Document all medical expenses, lost wages, and other economic damages

Step 2: Obtain Medical Evidence

• Request Records: Submit formal requests for all VA medical records under the Freedom of Information Act
• Private Records: Obtain records from any private healthcare providers who treated the injury
• Expert Review: Have medical records reviewed by qualified healthcare professionals
• Medical Opinion: Secure written opinions about the standard of care violation

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

• Complete SF-95: Fill out all sections of the federal claim form with exact details
• Damage Amount: Specify the total amount of damages being claimed
• Supporting Documents: Attach all relevant medical records and evidence
• Timely Filing: Submit within 2 years of injury discovery per 28 U.S.C. § 2401(b)
• Proper Service: Send to the correct VA regional office serving Florida

Step 4: Administrative Review Period

• 6-Month Wait: Allow the VA six months to investigate and respond
• Agency Investigation: The VA will review records and may request additional information
• Settlement Negotiations: Respond to any settlement offers if made
• Denial Letter: Receive formal acceptance or denial of the claim

Step 5: Federal Lawsuit (If Necessary)

• File Complaint: If claim denied, file in appropriate Florida federal district court
• 6-Month Deadline: Must file within 6 months of final denial
• Proper Venue: Choose correct federal district court (Northern, Middle, or Southern)
• Federal Rules: Follow Federal Rules of Civil Procedure throughout litigation

Florida FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: 2-year federal statute of limitations (28 U.S.C. § 2401(b))
• Discovery Rule: Clock starts when injury reasonably should have been discovered
• State vs. Federal: FTCA deadline supersedes Florida's state medical malpractice statute
• Strict Enforcement: Missing deadline typically bars claim permanently

Florida Damage Caps

• State Caps Don't Apply: Florida's $200,000/$300,000 sovereign immunity caps (Fla. Stat. § 768.28) don't apply to FTCA claims
• Federal Rules: FTCA claims follow federal law for damages
• Punitive Damages: Prohibited under FTCA (28 U.S.C. § 2674)
• Compensatory Damages: Economic and non-economic damages available without state caps

Expert Witness Requirements

• Florida Standards: Expert witness must be same specialty as defendant (Fla. Stat. § 766.102)
• Active Practice: Must have actively practiced medicine within last 3 years
• Specialization: Must specialize in relevant medical field
• Federal Court: While FTCA claims follow federal procedure, Florida expert requirements often considered
• Written Opinion: Expert must provide written statement on standard of care violation before filing

Important Considerations

• Sovereign Immunity: FTCA is limited waiver of federal sovereign immunity
• Federal Law Priority: Federal FTCA requirements supersede conflicting state procedures
• Dual Track Claims: May need separate claims if private facilities also involved
• Administrative Exhaustion: Must complete VA claim process before court filing