Military & VA Medical Malpractice in Guam

How to File a VA Medical Malpractice Claim in Guam

Filing a medical malpractice claim against a VA facility or military treatment facility in Guam requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's a detailed guide to the process:

Step 1: Document Everything

• Medical Records: Gather all relevant medical documentation from both VA/military and private providers
• Timeline of Events: Create a detailed chronology of medical care and when errors occurred
• Witness Information: Collect names and contact details of anyone who witnessed the incident or its effects
• Evidence of Damages: Keep receipts, bills, and documentation of all related expenses

Step 2: Obtain Medical Records

• Request VA Records: Submit a Freedom of Information Act (FTCA) request for complete medical records
• Private Records: Collect records from any private healthcare providers who treated you
• Employment Records: If your injury affected your work, gather documentation of lost wages
• Photos/Videos: Compile any visual evidence of injuries or their impact

Step 3: File Standard Form 95

• Complete SF-95: Fill out Standard Form 95 with all required information
• Supporting Documents: Attach copies of medical records and evidence
• Damage Amount: Specify exact amount of damages being claimed
• Submit Within Deadline: File within two years of the incident per 28 U.S.C. § 2401(b)
• Proper Agency: Submit to the appropriate federal agency (VA Regional Counsel for VA claims)

Step 4: Agency Review Period

• Six-Month Review: The agency has 6 months to investigate and respond
• Settlement Possibility: The agency may offer to settle the claim
• Document Communications: Keep records of all correspondence with the agency
• Consider Legal Counsel: An experienced FTCA attorney can help navigate this phase

Step 5: Federal Lawsuit (If Necessary)

• Six-Month Window: File suit within 6 months of agency denial
• Proper Venue: File in the U.S. District Court of Guam
• Legal Representation: FTCA litigation is complex; legal counsel is strongly recommended

Guam FTCA Claims: State Law Considerations

Understanding how Guam's local laws interact with federal FTCA requirements is crucial for successful claims.

Statute of Limitations

• FTCA Deadline: Two-year statute of limitations under 28 U.S.C. § 2401(b)
• Discovery Rule: Clock starts when injury is discovered or should have been discovered
• Administrative Claim: Must file SF-95 within this two-year period
• Agency Decision: After agency denial, claimant has 6 months to file federal lawsuit

Federal Law Preemption

• FTCA Controls: Federal law generally preempts Guam law in VA/military claims
• Local Standards: Guam medical standards of care may apply under FTCA
• Damage Assessment: Local law influences damage calculations
• Procedural Rules: Federal court procedures apply in FTCA litigation

Expert Witness Requirements

• Federal Rules: Expert testimony required to prove medical negligence
• Qualification Standards: Experts must be qualified in the relevant medical specialty
• Timely Disclosure: Expert reports must meet federal court deadlines
• Local Practice: Consider Guam medical community standards in expert selection

Damages Under FTCA

• Economic Damages: Medical expenses, lost wages, future care costs
• Non-Economic Damages: Pain and suffering, loss of enjoyment of life
• No Punitive Damages: FTCA prohibits punitive damages
• Offset Rule: Benefits from federal programs may reduce compensation

Note: While specific Guam statutes may affect certain aspects of FTCA claims, federal law primarily governs these cases. Consult with an experienced FTCA attorney for detailed guidance on your specific situation.