Minnesota veterans and military families receive care at VA medical centers throughout the state. If negligent care at any of these government facilities caused you harm, you may pursue compensation under the Federal Tort Claims Act (FTCA). The Archuleta Law Firm has recovered over $145 million for victims of VA and military medical malpractice. Our unique doctor-attorney on staff provides unmatched expertise in evaluating complex medical negligence claims. Request your free case evaluation.
How to File a VA Medical Malpractice Claim in Minnesota
Filing a medical malpractice claim against a VA facility in Minnesota requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:
Step 1: Document Everything
- Medical Records: Request complete copies of all relevant VA medical records
- Timeline: Create a detailed chronology of medical care and when issues arose
- Witness Information: Gather contact details for anyone who witnessed the incident or its effects
- Expenses: Keep thorough records of all medical bills, lost wages, and other costs
Step 2: Obtain Supporting Medical Evidence
- Private Medical Opinion: Get an independent medical evaluation documenting the standard of care violation
- Current Treatment Records: Collect records from any non-VA providers treating your injuries
- Expert Review: Have a qualified medical expert review your case to support causation
Step 3: File Standard Form 95
- Complete SF-95: Fill out all sections of Standard Form 95 (Claim for Damage, Injury, or Death)
- Sum Certain: Specify exact dollar amount for damages (required by law)
- Supporting Documents: Attach relevant medical records and evidence
- Submit to VA: File with Minneapolis VA Regional Office (One Veterans Dr., Bldg. 73, Minneapolis, MN 55417) or email to ogc.torts@va.gov
Step 4: Administrative Review Period
- Six Month Wait: The VA has 6 months to investigate and respond
- Settlement Possibility: The VA may offer to settle during this period
- Denial Letter: If denied, you'll receive a formal denial letter
Step 5: Federal Lawsuit (If Necessary)
- Six Month Deadline: Must file in federal court within 6 months of denial letter
- Proper Venue: File in U.S. District Court for the District of Minnesota
- Legal Representation: Consider hiring an attorney experienced in FTCA claims
Minnesota FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: Two years from date of injury discovery to file administrative claim (28 U.S.C. § 2401(b))
- Federal Court Filing: Six months from denial letter to file lawsuit
- Discovery Rule: Minnesota recognizes the "discovery rule" - time starts when you knew or should have known about the injury and its cause
Minnesota Damage Caps
- No General Caps: Minnesota does not impose caps on compensatory damages in medical malpractice cases
- Punitive Damages: Federal law prohibits punitive damages in FTCA cases per 28 U.S.C. § 2674
- Wrongful Death: Special rules apply under Minnesota Statutes § 573.02
- Comparative Fault: Minnesota follows modified comparative fault (Minnesota Statutes § 604.01)
Expert Witness Requirements
- Affidavit Required: Minnesota requires an affidavit of expert review within 180 days of filing (Minnesota Statutes § 145.682)
- Expert Qualifications: Must practice in same or similar specialty as defendant
- Practice Experience: Expert must have practiced medicine within previous 5 years
- Verification: Must sign affidavit stating reasonable basis for action
Special Considerations for Minnesota VA Claims
- Standard of Care: Minnesota medical standards apply to determine negligence
- Multiple Providers: Claims involving both VA and private providers require careful coordination
- Administrative Exhaustion: Must complete VA administrative process before court filing
- Choice of Law: Federal law governs procedure, but Minnesota law determines liability standards
Were You Harmed at a Minnesota Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Minnesota, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Minnesota Medical Malpractice Cases
We handle these types of claims at Minnesota VA & military facilities
Minnesota Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Minnesota VA hospitals and military treatment facilities
View Minnesota casesMinnesota Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Minnesota VA hospitals and military treatment facilities
View Minnesota casesMinnesota Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Minnesota VA hospitals and military treatment facilities
View Minnesota casesMinnesota Wrongful Death
Fatal medical errors and negligent care at Minnesota VA hospitals and military treatment facilities
View Minnesota casesMinnesota Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Minnesota VA hospitals and military treatment facilities
View Minnesota casesMinnesota Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Minnesota VA hospitals and military treatment facilities
View Minnesota casesMinnesota Medical Facilities
20 VA hospitals, clinics, and military treatment facilities
Minneapolis Medical Center
St. Cloud Medical Center
Albert Lea Clinic
Bemidji Clinic
Ely Clinic
Fergus Falls Clinic
Fort Snelling Clinic
Hibbing Clinic
Lyle C. Pearson Community Based Outpatient Clinic
Maplewood Clinic
Max J. Beilke Department of Veterans Affairs Outpatient Clinic
Minneapolis Clinic
Northwest Metro Clinic
Rochester Clinic
Shakopee Clinic
St. James Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyMinnesota government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Minnesota VA Claims
What are the statute of limitations for military medical malpractice claims in Minnesota?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. After the agency denies your claim or fails to respond within six months, you have an additional six months to file a federal lawsuit. Minnesota state law may also affect certain aspects of your case, including the discovery rule interpretation. Contact our firm for a detailed analysis of your specific situation.
How do I file a medical malpractice claim against a Minnesota VA hospital?
To file an FTCA claim against a Minnesota VA facility, you must first submit Standard Form 95 (SF-95) to the VA Regional Counsel's office. The form requires specific details about your injury, the negligent act, and a "sum certain" dollar amount for your claim. Our attorneys can guide you through this complex process. Learn more on our SF-95 guide page.
Can you sue a military hospital for medical malpractice in Minnesota?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Minnesota for medical negligence. This includes birth injuries, surgical errors, misdiagnosis, and other forms of malpractice. The process is similar to VA claims but requires filing with the appropriate military branch's claims office.
What damages can I recover in a Minnesota VA malpractice case?
FTCA claims may recover economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Punitive damages are not available under the FTCA. Minnesota state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.