Puerto Rico 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 Puerto Rico
Filing a medical malpractice claim against a VA facility in Puerto Rico 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 medical records from VA facilities and private providers
- Timeline of Events: Create a detailed chronology of medical care and when injuries were discovered
- Witness Information: Gather contact details for anyone who witnessed the negligent care or its effects
- Financial Impact: Keep records of all medical expenses, lost wages, and other damages
Step 2: Obtain Medical Expert Review
- Medical Opinion: Secure a qualified medical expert to review your case and provide a written opinion
- Standard of Care: The expert must establish how the VA provider deviated from accepted medical standards
- Causation: Document how this deviation directly caused your injuries
- Future Care: Get detailed projections of future medical needs and costs
Step 3: File Form SF-95
- Complete SF-95: Submit this mandatory form to the Minneapolis VA Regional Office, which handles Puerto Rico claims
- Sum Certain: Specify the exact amount of damages you're claiming
- Supporting Documents: Attach relevant medical records and expert opinions
- Deadline: File within 2 years of when you discovered (or should have discovered) the malpractice
Step 4: Administrative Review Period
- Six-Month Wait: The VA has 6 months to investigate and respond to your claim
- Settlement Possibility: The VA may offer to settle during this period
- Documentation: Continue gathering evidence during this time
- Legal Consultation: Consider consulting with an FTCA attorney to evaluate any settlement offers
Step 5: Federal Lawsuit if Necessary
- File in Federal Court: If your claim is denied or the 6-month period expires, you have 6 months to file a lawsuit
- Proper Venue: File in the U.S. District Court for the District of Puerto Rico
- Legal Representation: FTCA cases are complex; experienced counsel is strongly recommended
Puerto Rico FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: Federal law requires filing within 2 years of discovering the injury (28 U.S.C. § 2401(b))
- Discovery Rule: The clock starts when you knew or should have known about the malpractice
- Strict Enforcement: Missing this deadline typically bars your claim permanently
- Administrative Claim: Must file Form SF-95 before any lawsuit can proceed
Damages Under FTCA
- Economic Damages: Medical expenses, lost wages, and future care costs are recoverable
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life
- No Punitive Damages: FTCA prohibits punitive damages against the federal government
- Attorney Fees: Limited to 25% of the settlement amount or 20% if settled administratively
Expert Witness Requirements
- Medical Expert: A qualified healthcare provider must testify about the standard of care
- Similar Specialty: Expert should practice in the same specialty as the defendant
- Current Knowledge: Must be actively practicing or teaching in the relevant field
- Written Report: Expert must provide a detailed written opinion before filing
Additional Considerations
- Language Requirements: All documents must be in English or include certified translations
- Choice of Law: Puerto Rico substantive law applies to FTCA claims, but federal procedural rules govern
- Settlement Authority: Different VA officials have varying settlement authority levels
- Appeals Process: Specific federal rules govern appeals of FTCA claim denials
Were You Harmed at a Puerto Rico Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Puerto Rico, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Puerto Rico Medical Malpractice Cases
We handle these types of claims at Puerto Rico VA & military facilities
Puerto Rico Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Puerto Rico VA hospitals and military treatment facilities
View Puerto Rico casesPuerto Rico Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Puerto Rico VA hospitals and military treatment facilities
View Puerto Rico casesPuerto Rico Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Puerto Rico VA hospitals and military treatment facilities
View Puerto Rico casesPuerto Rico Wrongful Death
Fatal medical errors and negligent care at Puerto Rico VA hospitals and military treatment facilities
View Puerto Rico casesPuerto Rico Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Puerto Rico VA hospitals and military treatment facilities
View Puerto Rico casesPuerto Rico Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Puerto Rico VA hospitals and military treatment facilities
View Puerto Rico casesPuerto Rico Medical Facilities
12 VA hospitals, clinics, and military treatment facilities
San Juan Medical Center
Arecibo Clinic
Ceiba Clinic
Comerio Clinic
Eurípides Rubio Department of Veterans Affairs Outpatient Clinic
Guayama Clinic
Hato Rey Clinic
Utuado Clinic
Vieques Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyPuerto Rico government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Puerto Rico VA Claims
What are the statute of limitations for military medical malpractice claims in Puerto Rico?
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. Puerto Rico 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 Puerto Rico VA hospital?
To file an FTCA claim against a Puerto Rico 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 Puerto Rico?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Puerto Rico 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 Puerto Rico 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. Puerto Rico state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.