Military & VA Medical Malpractice in Massachusetts

How to File a VA Medical Malpractice Claim in Massachusetts

Filing a medical malpractice claim against a VA facility in Massachusetts requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's a detailed breakdown of the process:

Step 1: Document Everything

• Medical Records: Obtain copies of all relevant VA medical records, including treatment notes, test results, and imaging
• Timeline: Create a detailed chronology of medical care and when problems emerged
• Witness Information: Gather contact details for anyone who witnessed the incident or its effects
• Expenses: Keep receipts for all medical costs, including private care sought due to VA negligence

Step 2: Gather Supporting Evidence

• Private Medical Opinion: Obtain an independent medical evaluation documenting the standard of care violation
• Expert Review: Secure a qualified medical expert willing to testify about the malpractice
• Additional Records: Request any relevant medical records from non-VA providers who treated you for the injury

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

• Complete All Sections: Fill out the SF-95 form with detailed information about your claim
• Sum Certain: Specify the exact amount of damages you're seeking (required by 28 U.S.C. § 2675)
• Supporting Documents: Attach copies of medical records and expert opinions
• Submission: File with the VA regional office where the incident occurred

Step 4: Administrative Review Period

• Wait Period: The VA has 6 months to investigate and respond to your claim
• Document Communications: Keep records of all correspondence with the VA
• Status Updates: You can request updates during this period
• Settlement Possibility: The VA may offer to settle during this time

Step 5: Federal Lawsuit (If Necessary)

• Denial Response: If your claim is denied, you have 6 months to file a federal lawsuit
• Legal Representation: Secure an attorney experienced in FTCA claims
• Jurisdiction: File in the U.S. District Court for the District of Massachusetts
• Compliance: Ensure all federal court filing requirements are met

Massachusetts FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: Two years from the date of injury or reasonable discovery (28 U.S.C. § 2401(b))
• Discovery Rule: The clock starts when you knew or should have known about the malpractice
• Administrative Claim: Must file SF-95 within this two-year period
• Lawsuit Filing: Six months from the date VA denies your claim to file in federal court

Massachusetts Damage Caps and Limitations

• Economic Damages: No cap on medical expenses, lost wages, and future care costs
• Non-Economic Damages: Limited to $500,000 under M.G.L. ch. 231, § 60H (except in cases of substantial disfigurement or severe impairment)
• Punitive Damages: Prohibited in FTCA claims (28 U.S.C. § 2674)
• Interest: Pre-judgment interest not allowed in FTCA cases

Expert Witness Requirements

• Written Opinion: Massachusetts requires a written opinion from a qualified healthcare provider before filing (M.G.L. ch. 231, § 60B)
• Qualification Standards: Expert must be actively practicing medicine or teaching in the relevant specialty
• Timing: Opinion must be obtained before filing the federal lawsuit
• Content Requirements: Expert must specify:
  • Standard of care that applied
  • How it was violated
  • How the violation caused injury
  • Evidence of permanent disability or substantial impairment

The expert witness requirements are crucial in Massachusetts FTCA claims, as federal courts apply state substantive law regarding medical standards of care and causation while following federal procedural rules.