Military & VA Medical Malpractice in Oregon

How to File a VA Medical Malpractice Claim in Oregon

Filing a medical malpractice claim against a VA facility in Oregon 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: Gather all relevant treatment records from VA facilities and private providers
• Timeline: Create a detailed chronology of medical care and when problems developed
• Photographs: Document visible injuries, complications, or conditions
• Communication: Save all correspondence with medical providers and VA staff
• Expenses: Keep receipts for all medical costs, medications, and related expenses

Step 2: Obtain Medical Records

• Submit SF-180: Request complete VA medical records using Standard Form 180
• Private Records: Obtain records from any non-VA providers who treated the condition
• Response Time: Allow 20-30 business days for record requests to be fulfilled
• Review: Carefully examine records for accuracy and completeness

Step 3: File Standard Form 95

• Complete SF-95: Fill out all sections of Standard Form 95 (Claim for Damage, Injury, or Death)
• Required Information: Include:
  • Detailed description of the medical negligence
  • Specific damages amounts (both personal injury and property)
  • Supporting medical documentation
• Filing Location: Submit to the VA Regional Counsel office serving Oregon
• Timing: Must be filed within 2 years of when the malpractice was discovered

Step 4: Administrative Review Period

• Wait Period: The VA has 6 months to investigate and respond to your claim
• Investigation: The VA will review records and may request additional information
• Decision Options: The VA may:
  • Accept and pay the claim
  • Offer a settlement
  • Deny the claim
  • Take no action within 6 months

Step 5: Federal Lawsuit if Necessary

• Filing Window: Must file within 6 months of claim denial
• Jurisdiction: File in U.S. District Court for the District of Oregon
• Legal Counsel: Highly recommended to retain an attorney experienced in FTCA claims
• Court Requirements: Follow federal court procedures and local rules

Oregon FTCA Claims: State Law Considerations

Statute of Limitations

• Federal Deadline: 2 years from discovery of malpractice (28 U.S.C. § 2401(b))
• Discovery Rule: Clock starts when injury and its cause should have been reasonably discovered
• Strict Enforcement: Missing this deadline typically bars any recovery
• Minor Patients: Special provisions may apply for injuries to children

Oregon Damage Caps

• Non-Economic Damages: $500,000 cap under OR Rev. Stat. § 31.710
• Economic Damages: No cap on medical expenses, lost wages, and other financial losses
• Wrongful Death: Subject to same $500,000 non-economic damage cap
• Federal Application: FTCA claims generally follow state damage limitations

Expert Witness Requirements

• Affidavit Requirement: Must file an affidavit within 90 days of filing complaint (OR Rev. Stat. § 31.550)
• Qualified Expert: Must have expertise in same or similar medical specialty
• Certification: Expert must certify there is reasonable basis for claim
• Practice Requirements: Expert must have been actively practicing medicine at time of incident
• Geographic Consideration: No strict in-state requirement, but expert should be familiar with applicable standard of care