Military & VA Medical Malpractice in Utah

How to File a VA Medical Malpractice Claim in Utah

Filing a medical malpractice claim against a VA facility in Utah requires following specific federal procedures while adhering to state laws. Here's your step-by-step guide:

Step 1: Document Everything

• Medical Records: Obtain complete copies from both VA and any private facilities
• Timeline of Events: Create detailed chronology of treatment and injuries
• Witness Information: Gather contact details for anyone with direct knowledge
• Expenses: Keep all medical bills, receipts, and documentation of losses

Step 2: Obtain Expert Review

• Medical Expert: Have records reviewed by qualified healthcare provider
• Written Opinion: Get documentation supporting standard of care breach
• Future Care Needs: Have expert outline expected future medical requirements
• Causation: Expert must link VA's actions to specific injuries

Step 3: File Standard Form 95

• Complete SF-95: Include all required information and documentation
• Sum Certain: State specific dollar amount for damages
• Supporting Documents: Attach medical records, bills, and expert opinions
• File with VA Office: Submit to correct regional office:

Office of General Counsel (02)
One Veterans Dr., Bldg. 73
Minneapolis, MN 55417
Email: ogc.torts@va.gov

Step 4: Administrative Review

• Wait Period: VA has 6 months to investigate and respond
• Document Requests: Promptly provide any additional information requested
• Track Timeline: Note when 6-month review period expires
• Consider Settlement: Evaluate any settlement offers received

Step 5: Federal Lawsuit if Needed

• File in Federal Court: If claim denied or 6 months passes without response
• Meet Deadlines: File within 6 months of denial letter
• Proper Venue: File in U.S. District Court for District of Utah
• Legal Representation: Consider experienced FTCA attorney

Utah FTCA Claims: State Law Considerations

Statute of Limitations

• Federal Deadline: 2 years from date of injury under 28 U.S.C. § 2401(b)
• Discovery Rule: Clock starts when injury reasonably discovered
• Strict Enforcement: Missing deadline typically bars claim permanently
• Written Notice: Must file SF-95 within this period

Utah Damage Caps

• Non-Economic Damages: Cap of $450,000 under UT Code § 78B-3-410
• No Punitive Damages: Prohibited in FTCA claims per 28 U.S.C. § 2674
• Economic Damages: No cap on medical expenses or lost wages
• Wrongful Death: Subject to same non-economic damage cap

Expert Witness Requirements

• Affidavit of Merit: Required within 60 days of filing per UT Code § 78B-3-423
• Similar Specialty: Expert must practice in same specialty as defendant
• Active Practice: Must have active clinical practice or teaching experience
• Pre-litigation Panel: Required before court filing under UT Code § 78B-3-416

Utah-Specific FTCA Considerations

• Notice Requirements: Must provide detailed basis for claim
• Comparative Negligence: Utah follows modified comparative fault system
• Pre-litigation Screening: Required for medical malpractice cases
• Certificate of Compliance: Must obtain before proceeding to court

Important: These state requirements interact with federal FTCA rules. While FTCA is federal law, Utah's medical malpractice standards determine liability and certain procedural requirements. Always consult with an attorney familiar with both FTCA and Utah medical malpractice law.