Military & VA Medical Malpractice in Kansas

How to File a VA Medical Malpractice Claim in Kansas

Filing a medical malpractice claim against a VA facility in Kansas 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 documentation from VA and private providers
• Timeline of Events: Create a detailed chronology of your medical care and when injuries occurred
• Witness Information: Collect names and contact details of any witnesses or other medical providers
• Financial Impact: Document all medical expenses, lost wages, and other economic damages

Step 2: Obtain Medical Records

• Request VA Records: Submit a formal request for your complete VA medical file
• Private Records: Collect records from any non-VA providers who treated you
• Imaging Studies: Secure copies of all relevant X-rays, MRIs, or other diagnostic images
• Treatment Plans: Include documentation of recommended future medical care

Step 3: File Standard Form 95

• Complete SF-95: Fill out Standard Form 95 with precise details about your claim
• Damage Amount: Specify exact amount of damages being sought
• Supporting Documents: Attach all relevant medical records and evidence
• Timing: Submit within two years of when injury was discovered
• Delivery: Send via certified mail to the appropriate VA regional office

Step 4: Wait for Agency Response

• Review Period: The VA has 120 days to investigate and respond
• Document Communications: Keep records of all correspondence with the VA
• Additional Requests: Promptly respond to any requests for additional information
• Settlement Negotiations: Consider any settlement offers carefully with legal counsel

Step 5: Federal Lawsuit if Necessary

• Six-Month Deadline: Must file suit within 6 months of claim denial
• Federal Court: File in U.S. District Court for the District of Kansas
• Legal Representation: Secure counsel experienced in FTCA claims
• Court Procedures: Follow federal court rules for medical malpractice cases

Kansas FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: Two years from date injury was discovered (28 U.S.C. § 2401(b))
• Discovery Rule: Claim period begins when injury and its cause should have been reasonably discovered
• Administrative Requirement: Must file SF-95 within two-year period
• State vs. Federal: FTCA deadline supersedes Kansas state deadlines
• Tolling Provisions: Limited exceptions for minors or mental incapacity

Kansas Damage Caps

The Kansas Health Care Provider Act (K.S.A. § 60-19a02) establishes limits on non-economic damages:

• Non-Economic Cap: $350,000 limit for pain, suffering, and non-economic losses
• No Economic Cap: No limit on medical expenses, lost wages, or other economic damages
• FTCA Application: Federal courts generally apply state damage caps in FTCA cases
• Wrongful Death: Separate caps may apply under K.S.A. § 60-1903

Expert Witness Requirements

Kansas law (K.S.A. § 60-3412) requires specific qualifications for medical expert witnesses:

• Active Practice: Must have spent at least 50% of time in active clinical practice
• Same Specialty: Must practice in same or substantially similar specialty
• Timing: Must have been active in practice when cause of action arose
• Certification: Expert affidavit may be required with initial filing
• FTCA Cases: Federal courts typically apply these state requirements