Military & VA Medical Malpractice in Missouri

How to File a VA Medical Malpractice Claim in Missouri

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

Step 1: Document Everything

• Medical Records: Obtain complete copies of all relevant VA medical records
• Timeline: Create a detailed chronology of medical care and when injuries occurred
• Witnesses: Record names and contact information of all medical providers involved
• Damages: Keep all bills, receipts, and documentation of financial losses
• Photos: Take pictures of visible injuries or conditions if applicable

Step 2: Gather Expert Support

• Medical Opinion: Obtain a written opinion from a qualified medical expert
• Current Treatment: Get documentation from current treating physicians about ongoing issues
• Future Care: Have experts outline expected future medical needs and costs
• Disability Impact: Document how injuries affect daily life and ability to work

Step 3: File Standard Form 95

• Complete SF-95: Fill out all sections of Standard Form 95 accurately
• Claim Amount: Specify exact amount of damages (this becomes your maximum recovery)
• Documentation: Attach all supporting medical records and evidence
• Timing: Submit within two years of when injury was discovered
• Filing Location: Send to the VA Regional Counsel office serving Missouri

Step 4: Administrative Review Period

• Six-Month Wait: The VA has 6 months to investigate and respond
• Investigation: Cooperate with any VA requests for additional information
• Settlement: Consider any settlement offers carefully
• Denial: Receive formal denial letter or wait for 6-month period to expire

Step 5: Federal Court Lawsuit

• Timeline: File within 6 months of claim denial
• Jurisdiction: File in appropriate Missouri federal district court
• Representation: Consider securing legal counsel experienced in FTCA claims
• Process: Prepare for lengthy federal court litigation process

Missouri FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: Two years from injury discovery (28 U.S.C. § 2401(b))
• Federal Priority: FTCA deadline supersedes any state time limits
• Discovery Rule: Claim period begins when injury and its cause should have been discovered
• Strict Enforcement: Missing deadline bars claim permanently

Missouri Expert Witness Requirements

• Expert Affidavit: Required within 90 days of filing (MO Rev Stat § 538.225)
• Qualification Standards: Experts must be actively practicing in same specialty
• Written Report: Must detail standard of care violation and causation
• Timing: Can request extension for good cause shown

Missouri Damage Considerations

• Economic Damages: No cap on medical expenses or lost wages
• Non-Economic Damages: Subject to changing state caps
• FTCA Limitations: No punitive damages allowed (28 U.S.C. § 2674)
• Settlement Authority: Federal agency can settle claims under $50,000
• Attorney General Approval: Required for settlements over $50,000

Special Missouri Filing Requirements

• Federal Court: Cases must be filed in federal district court, not state court
• Bench Trial: No right to jury trial under FTCA
• State Law Application: Missouri medical standard of care applies
• Federal Procedures: Federal rules of civil procedure govern case

Remember that FTCA claims involve complex interactions between federal and state law. Missouri state law determines the standard of medical care and substantive negligence rules, while federal law governs procedural requirements and damage limitations.