Military & VA Medical Malpractice in Georgia

How to File a VA Medical Malpractice Claim in Georgia

Filing a medical malpractice claim against a VA facility in Georgia 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: Gather all relevant medical records, including:

• Treatment records from VA facilities
• Private medical records related to the injury
• Diagnostic test results and imaging
• Medication records and prescriptions

Evidence of Harm: Document the following:

• Photographs of injuries or conditions
• Timeline of medical treatment
• Written account of incidents and conversations
• Names of all healthcare providers involved

Step 2: Obtain Supporting Medical Evidence

Independent Medical Review: Have your records reviewed by a qualified medical expert who can:

• Identify the standard of care violation
• Document how the VA provider's negligence caused harm
• Provide a written opinion supporting your claim

Medical Bills: Collect documentation of:

• All medical expenses related to the injury
• Future anticipated medical costs
• Lost wages and other financial impacts

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

Required Information: Complete SF-95 with:

• Detailed description of the incident
• Exact amount of damages claimed
• Supporting documentation
• Your signature and contact information

Filing Location: Submit to the appropriate VA Regional Office serving Georgia where the incident occurred.

Step 4: Wait for Agency Response

Six-Month Review Period: The VA has 6 months to:

• Investigate your claim
• Make a settlement offer
• Deny the claim
• Take no action

Documentation: During this period:

• Keep copies of all correspondence
• Document all communications with the VA
• Continue gathering supporting evidence

Step 5: Federal Lawsuit (If Necessary)

If your claim is denied or the VA fails to respond within 6 months:

• File suit in the appropriate Georgia Federal District Court
• Name "United States of America" as defendant
• File within 6 months of claim denial

Georgia FTCA Claims: State Law Considerations

Statute of Limitations

FTCA Deadline: Claims must be filed within 2 years from when the malpractice was discovered or should have been discovered (28 U.S.C. § 2401(b)).

Discovery Rule Application:

• Clock starts when injury is discovered
• Must exercise reasonable diligence
• Cannot extend beyond 2-year FTCA limit

Administrative Claim Requirements

Mandatory Prerequisites:

• Must file SF-95 before lawsuit
• Must include "sum certain" damages amount
• Must provide sufficient detail for investigation
• Must have supporting documentation

Filing Timeline:

• 2 years to file administrative claim
• 6 months for agency review
• 6 months to file lawsuit after denial

Damage Considerations Under FTCA

Available Damages:

• Medical expenses (past and future)
• Lost wages and earning capacity
• Pain and suffering
• Loss of consortium

Important Limitations:

• No punitive damages allowed
• Recovery limited to SF-95 amount
• Must follow federal rules on attorney fees

Settlement Authority:

• U.S. Attorney's Office handles litigation
• Department of Justice approval needed for large settlements
• Alternative dispute resolution available

Expert Witness Requirements

Federal courts in Georgia typically follow Federal Rules of Evidence, but state requirements may apply:

Expert Qualifications:

• Must practice in same specialty
• Must have recent clinical experience
• Must be familiar with applicable standard of care

Affidavit Requirement:

• Expert affidavit needed with claim
• Must specify negligent acts
• Must establish causation

Remember: FTCA claims involve complex interplay between federal and state law. Consider consulting an attorney experienced in both Georgia medical malpractice and FTCA claims.