Military & VA Medical Malpractice in Maryland

How to File a VA Medical Malpractice Claim in Maryland

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

Step 1: Document Everything

• Medical Records: Obtain copies of all relevant medical records from VA facilities and any private providers
• Timeline of Events: Create a detailed chronology documenting when and where the negligent care occurred
• Witness Information: Gather contact information for anyone who witnessed the negligent care or its effects
• Financial Impact: Keep records of all medical expenses, lost wages, and other costs related to the injury

Step 2: Gather Supporting Evidence

• Medical Expert Review: Have your records reviewed by a qualified medical expert who can establish negligence
• Current Treatment: Document ongoing medical care and future medical needs related to the injury
• Employment Records: Collect documentation of work missed and income lost due to the injury
• Photographs: If applicable, maintain visual evidence of injuries or conditions

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

• Complete All Sections: Fill out the SF-95 form completely and accurately
• Damage Amount: Specify the exact amount of damages you're claiming
• Supporting Documentation: Attach copies of medical records and other evidence
• Verification: Sign and date the form, ensuring all information is accurate
• Filing Location: Submit to the appropriate VA facility where the negligence occurred

Step 4: Administrative Review Period

• Six-Month Wait: The VA has 6 months to investigate and respond to your claim
• Investigation: The VA will review medical records and may request additional information
• Settlement Possibility: The VA may offer to settle the claim during this period
• Denial Letter: If denied, you'll receive a formal denial letter explaining the decision

Step 5: Federal Lawsuit (If Necessary)

• Six-Month Window: After receiving a denial, you have 6 months to file a federal lawsuit
• Proper Venue: File in the U.S. District Court for the District of Maryland
• Legal Representation: Consider securing an attorney experienced in FTCA claims
• Court Procedures: Follow federal court rules and procedures for your case

Maryland FTCA Claims: State Law Considerations

Statute of Limitations

The FTCA imposes strict deadlines for filing claims:

• Two-Year Deadline: Claims must be filed within 2 years of the injury (28 U.S.C. § 2401(b))
• Discovery Rule: The clock starts when you knew or should have known about the injury
• Administrative Claim: Must be filed before any lawsuit can proceed (28 U.S.C. § 2675)
• Six-Month Window: After denial, you have 6 months to file a federal lawsuit

Maryland Damage Caps

• Non-Economic Damages: Maryland caps non-economic damages in medical malpractice cases at $845,000 for cases arising in 2023 (MD Courts & Judicial Proceedings § 3-2A-09)
• No Cap on Economic Damages: Maryland doesn't limit compensation for medical expenses or lost wages
• Wrongful Death: Special caps apply in wrongful death cases with multiple beneficiaries
• FTCA Limitations: No punitive damages allowed in FTCA claims

Expert Witness Requirements

Maryland law requires specific qualifications for medical expert witnesses:

• Active Clinical Practice: Experts must have clinical experience or taught medicine within 5 years of the negligence (MD Courts & Judicial Proceedings § 3-2A-02)
• Same Specialty: Must be in the same or related specialty as the defendant
• Certificate Requirement: A certificate of qualified expert must be filed within 90 days of the claim
• Attestation: Expert must attest that the care provided failed to meet accepted standards