Military & VA Medical Malpractice in Pennsylvania

How to File a VA Medical Malpractice Claim in Pennsylvania

Filing a medical malpractice claim against a VA facility in Pennsylvania requires careful attention to both federal and state requirements. Follow these essential steps to protect your rights:

Step 1: Document Everything

• Medical Records: Request complete copies from all VA and private providers
• Timeline of Events: Create detailed chronology of treatment and injuries
• Witness Information: Gather contact details for anyone with relevant knowledge
• Correspondence: Keep copies of all communications with VA facilities
• Expenses: Track all medical bills, lost wages, and other costs

Step 2: Obtain Medical Evidence

• Certificate of Merit: Pennsylvania requires filing within 60 days of your claim
• Expert Review: Secure a qualified medical expert to review your case
• Current Condition: Get updated medical evaluation documenting ongoing issues
• Prognosis Reports: Obtain documentation of future medical needs

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

• Deadline: Must file within 2 years of injury discovery
• Required Information: Include detailed description of:
  • Nature and extent of injury
  • Circumstances leading to injury
  • Names of involved VA personnel
  • Specific amount of monetary damages
• Supporting Documents: Attach medical records and evidence
• Submission: Send to appropriate VA regional office serving Pennsylvania

Step 4: Administrative Review Period

• Wait Period: VA has 6 months to investigate and respond
• Documentation: Keep acknowledgment letter with claim number
• Communication: Respond promptly to any VA requests for information
• Decision Options: VA may deny claim, make settlement offer, or fail to respond

Step 5: Federal Lawsuit if Necessary

• Timeline: File within 6 months of final VA denial
• Jurisdiction: File in appropriate Pennsylvania federal district court
• Requirements: Must have completed administrative claim process
• Representation: Consider securing experienced FTCA attorney

Pennsylvania FTCA Claims: State Law Considerations

Statute of Limitations

• Federal Deadline: 2 years from injury discovery (28 U.S.C. § 2401(b))
• State Notice: Pennsylvania requires notice within 6 months (42 Pa.C.S. § 5522)
• Discovery Rule: Clock starts when injury reasonably discovered
• Tolling Provisions: May apply for minors or mental incapacity
• Strict Enforcement: Missing deadlines bars recovery permanently

Pennsylvania Damage Caps

• State Cap: $500,000 limit under Pennsylvania law (42 Pa.C.S. § 8553)
• FTCA Limitations: No punitive damages allowed (28 U.S.C. § 2674)
• Recoverable Damages:
  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Loss of life's pleasures
• Wrongful Death: Special rules apply under PA law (42 Pa.C.S. § 8301)

Expert Witness Requirements

• Certificate of Merit: Required under Pa.R.C.P. No. 1042.3
• Filing Deadline: Within 60 days of complaint
• Expert Qualifications:
  • Same or related specialty as defendant
  • Active clinical practice or teaching
  • Board certification in same specialty
• Written Statement: Must attest reasonable probability of negligence
• Consequences: Failure to file results in claim dismissal

Pennsylvania Comparative Negligence

• Modified Rule: Can recover if 50% or less at fault (42 Pa.C.S. § 7102)
• Damage Reduction: Award reduced by percentage of fault
• Total Bar: No recovery if more than 50% at fault
• Application: Federal court considers state negligence rules