Military & VA Medical Malpractice in South Carolina

How to File a VA Medical Malpractice Claim in South Carolina

Filing a medical malpractice claim against a VA facility in South Carolina requires following specific federal and state procedures. Here are the essential steps:

Step 1: Document Everything

• Medical Records: Obtain copies of all relevant VA medical records
• Timeline: Create a detailed chronology of medical care and when injuries were discovered
• Photographs: Document visible injuries or conditions with dated photos
• Witness Information: Collect contact information for any witnesses
• Communications: Keep copies of all correspondence with VA healthcare providers

Step 2: Obtain Supporting Medical Evidence

• Independent Evaluation: Get examined by a non-VA medical provider
• Expert Review: Have medical records reviewed by a qualified expert
• Medical Opinion: Secure a written opinion explaining how the VA's care fell below standards
• Future Care Needs: Document anticipated future medical requirements and costs

Step 3: File Standard Form 95

• Complete SF-95: Fill out all sections of Standard Form 95 carefully
• Supporting Documents: Attach medical records, bills, and expert opinions
• Damages Calculation: Include detailed breakdown of economic and non-economic damages
• Proper Service: Submit to the correct VA department within two years of discovery
• Certified Mail: Send via certified mail with return receipt for proof of filing

Step 4: Administrative Review Period

• Six-Month Wait: Allow the VA the mandatory 6-month review period
• Document Communications: Keep records of all VA correspondence
• Settlement Negotiations: Consider any settlement offers carefully
• Legal Consultation: Work with an attorney to evaluate VA's response

Step 5: Federal Lawsuit if Necessary

• File Within Deadline: Must file within 6 months of claim denial
• Proper Jurisdiction: File in appropriate South Carolina federal district court
• Required Elements: Include all elements required by federal rules
• Expert Testimony: Arrange for expert witness testimony as required

South Carolina FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: Two years from date injury was discovered (28 U.S.C. § 2401(b))
• Discovery Rule: Clock starts when injury and its cause should have been reasonably discovered
• State Timeline: South Carolina's separate two-year statute (SC Code § 15-78-110) doesn't override FTCA
• Wrongful Death: Two years from date of death for FTCA claims

South Carolina Damage Caps

• State Cap Limit: $600,000 per occurrence under SC Code § 15-78-120
• FTCA Claims: Not subject to state caps but follow federal limitations
• Multiple Claimants: Single occurrence cap applies regardless of number of claimants
• Economic Damages: No separate cap on economic damages under FTCA

Expert Witness Requirements

• Written Testimony: Expert affidavit required within 45 days of filing (SC Code § 15-36-100)
• Qualifications: Expert must be licensed physician in same specialty
• Practice Requirements: Must have actively practiced or taught in specialty within past 3 years
• Standard of Care: Must specifically identify how VA care deviated from accepted standards
• Causation: Must establish clear link between negligence and injuries

Remember that federal law through the FTCA provides the primary framework for VA medical malpractice claims, while South Carolina state laws provide additional procedural requirements that must be followed. Working with legal counsel experienced in both federal and South Carolina medical malpractice law is crucial for navigating these complex requirements successfully.