Military & VA Medical Malpractice in New Jersey

How to File a VA Medical Malpractice Claim in New Jersey

Filing a medical malpractice claim against a VA facility in New Jersey 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, including:

• Treatment notes from VA providers
• Lab and imaging results
• Medication records
• Follow-up care documentation

Evidence of Harm: Gather documentation showing:

• Photos of injuries or complications
• Personal medical diary/journal
• Bills for additional medical care
• Proof of lost wages or other damages

Step 2: Obtain Supporting Medical Records

Independent Medical Review: Have an outside medical expert:

• Review your VA medical records
• Document the standard of care violation
• Provide written opinion on causation
• Quantify extent of damages

Expert Requirements: Your medical expert should:

• Be currently practicing medicine
• Have relevant specialty expertise
• Be willing to testify if needed

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

Complete SF-95 Accurately: The administrative claim must include:

• Detailed description of the medical negligence
• Specific amount of damages claimed ("sum certain")
• Supporting documentation
• Your signature or your attorney's

Submit to Proper Agency: Send the SF-95 to:

• The VA facility where the malpractice occurred
• Within the 2-year statute of limitations
• By certified mail with return receipt

Step 4: Administrative Review Period

Wait Six Months: Federal law requires:

• Agency has 6 months to investigate
• Can accept, deny, or negotiate claim
• No lawsuit allowed during this period
• Exception: If agency denies claim earlier

Step 5: Federal Lawsuit if Necessary

File in Federal Court: If claim denied or 6 months pass:

• Must file within 6 months of denial
• Case goes to U.S. District Court of New Jersey
• Different rules than state court
• No jury trial in FTCA cases

New Jersey FTCA Claims: State Law Considerations

Statute of Limitations

FTCA Deadline: Under 28 U.S.C. § 2401(b):

• Two years from date of injury
• OR from when injury reasonably discovered
• Missing deadline bars claim forever
• No extensions except rare circumstances

Discovery Rule: Claims period begins when:

• Patient discovers the injury AND
• Knows or should know of possible negligence
• Must exercise reasonable diligence

Damages in FTCA Cases

Economic Damages: No federal caps on:

• Past/future medical expenses
• Lost wages and benefits
• Out-of-pocket costs
• Future care needs

Non-Economic Damages: May include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Loss of consortium

Prohibited Damages: Under 28 U.S.C. § 2674:

• No punitive damages
• No pre-judgment interest
• No damages multipliers

Expert Witness Requirements

Federal Court Standards: Expert must:

• Be qualified in relevant specialty
• Base opinions on accepted methods
• Meet Federal Rules of Evidence 702

New Jersey Requirements: Apply to extent consistent with federal law:

• Affidavit of Merit required
• Expert must be actively practicing
• Same specialty as defendant
• Board certification if defendant is certified