Military & VA Medical Malpractice in Idaho

How to File a VA Medical Malpractice Claim in Idaho

Filing a medical malpractice claim against a VA facility in Idaho requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:

Step 1: Document Everything

• Medical Records: Gather all relevant medical records from VA and non-VA providers
• Timeline: Create a detailed chronology of medical care and when injuries were discovered
• Witness Information: Collect names and contact details of anyone who witnessed the incident or its effects
• Photographs: Document visible injuries or conditions with dated photographs
• Financial Impact: Keep receipts for all medical expenses and documentation of lost wages

Step 2: Obtain Expert Medical Review

• Medical Opinion: Secure a qualified medical expert to review your records
• Standard of Care: Have the expert determine if VA providers breached the standard of care
• Causation: Get expert confirmation that the breach directly caused your injuries
• Documentation: Obtain written preliminary opinions for claim support

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

• Proper Form: Complete all sections of Standard Form 95 (required by 28 U.S.C. § 2675)
• Damage Amount: Specify exact amount of damages - this limits future recovery
• Supporting Documents: Attach medical records, bills, and expert opinions
• Timing: Submit within 2 years of injury discovery (28 U.S.C. § 2401(b))
• Delivery: Send via certified mail with return receipt to proper VA facility

Step 4: Administrative Review Period

• Wait Period: Agency has 6 months to review and respond
• Investigation: VA will conduct internal investigation of claim
• Possible Outcomes:
  • Claim accepted with settlement offer
  • Claim denied
  • No response within 6 months (deemed denied)

Step 5: Federal Lawsuit (If Necessary)

• Filing Window: Must file within 6 months of final denial
• Proper Venue: File in U.S. District Court for the District of Idaho
• Legal Representation: FTCA litigation requires experienced federal court counsel
• Case Development: Prepare expert testimony and evidence for trial

Idaho FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: 2 years from date injury was discovered (28 U.S.C. § 2401(b))
• Administrative Claim: Must file SF-95 within this 2-year period
• Federal Court Filing: 6 months from denial of administrative claim
• Discovery Rule: Clock starts when injury and its cause should have been reasonably discovered
• Continuous Treatment: May extend deadline in some cases

Idaho Damage Caps

• FTCA Claims: No federal caps, but limited to amount claimed on SF-95
• Punitive Damages: Prohibited under FTCA (28 U.S.C. § 2674)
• Economic Damages: No cap on medical expenses or lost wages
• Non-Economic Damages: Under the FTCA, damages follow Idaho state law. Economic damages (medical expenses, lost wages) have no federal cap, while non-economic damages may be subject to state limitations. Our attorneys can analyze how Idaho law affects your specific case.
• Wrongful Death: Special considerations under FTCA regulations

Expert Witness Requirements

• Federal Rules: Expert testimony must meet Federal Rules of Evidence standards
• Qualifications: Experts must be actively practicing in relevant specialty
• Timing: Expert reports required per Federal Rule of Civil Procedure 26
• Standard of Care: Expert must establish national standard of care
• Causation: Expert must demonstrate clear causal link between negligence and injury

Remember that while Idaho state malpractice laws may provide context, FTCA claims are governed by federal law and procedures. Success requires strict adherence to FTCA requirements and deadlines.