U.S. Virgin Islands veterans and military families receive care at 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 U.S. Virgin Islands
Successfully pursuing a VA medical malpractice claim in the U.S. Virgin Islands requires careful attention to federal procedures and deadlines. Follow these essential steps:
Step 1: Document Everything
- Medical Records: Gather all relevant treatment records from VA facilities
- Timeline: Create a detailed chronology of medical care and when injuries were discovered
- Photographs: Document visible injuries or conditions with dated photos
- Written Accounts: Keep a journal of symptoms, limitations, and conversations with medical providers
Step 2: Obtain Medical Records
- Request Forms: Submit Standard Form 95 (SF-95) to the VA facility where treatment occurred
- Private Records: Collect records from any non-VA providers who treated related conditions
- Expert Review: Have records reviewed by a qualified medical professional to establish standard of care violations
Step 3: File Administrative Claim (SF-95)
- Complete Form: Fill out Standard Form 95 with all required information
- Sum Certain: State a specific dollar amount for damages
- Supporting Documents: Attach medical records, bills, and evidence of losses
- Proper Service: Submit to the appropriate federal agency within two years of injury discovery
- Delivery Method: Use certified mail with return receipt for proof of filing
Step 4: Administrative Review Period
- Six-Month Wait: Allow the VA six months to investigate and respond
- Agency Options: The VA may:
- Accept and pay the claim
- Offer to settle for a lesser amount
- Deny the claim
- Take no action (deemed denial after 6 months)
Step 5: Federal Lawsuit if Necessary
- File Location: U.S. District Court for the District of the Virgin Islands
- Timeline: Must file within 6 months of claim denial
- Legal Representation: Consider retaining an attorney experienced in FTCA claims
- Jurisdiction: Exclusive federal court jurisdiction for post-1945 claims
U.S. Virgin Islands FTCA Claims: State Law Considerations
Statute of Limitations
- Federal Deadline: Two years from injury discovery to file administrative claim (28 U.S.C. § 2401(b))
- Additional Period: Six months to file lawsuit after claim denial
- Territorial Claims: For claims against U.S. Virgin Islands government (not VA), must file within six months under V.I. Code § 3402
- Federal Priority: FTCA deadlines supersede territorial deadlines for VA/military claims
U.S. Virgin Islands Damage Considerations
Under the FTCA, damages follow U.S. Virgin Islands territorial law. Economic damages including medical expenses, lost wages, and future care costs have no federal cap. Non-economic damages for pain and suffering may be subject to territorial limitations. Our attorneys can analyze how U.S. Virgin Islands law affects your specific case.
Key Federal Limitations:
- No Punitive Damages: FTCA expressly prohibits punitive damages
- Compensatory Only: Limited to actual damages proven
- Attorney Fees: Capped at 25% for administrative claims, 20% for litigation
Expert Witness Requirements
Medical malpractice claims require expert testimony to establish the standard of care, breach, causation, and damages. U.S. Virgin Islands may have specific requirements for expert qualifications and certificate of merit procedures. Our team works with qualified medical experts to build compelling cases and ensure compliance with all territorial requirements.
Federal Court Jurisdiction
- Exclusive Venue: U.S. District Court for the District of the Virgin Islands
- Post-1945 Claims: Federal jurisdiction for claims accruing after January 1, 1945
- Settlement Authority: Attorney General may settle claims of $6,000 or less
- Written Notice: All claims must be presented in writing to the appropriate federal agency
Common Questions About Islands VA Claims
What are the statute of limitations for military medical malpractice claims in U.S. Virgin Islands?
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. U.S. Virgin Islands 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 U.S. Virgin Islands VA hospital?
To file an FTCA claim against a U.S. Virgin Islands 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 U.S. Virgin Islands?
Yes, military families and dependents can file FTCA claims against military treatment facilities in U.S. Virgin Islands 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 U.S. Virgin Islands 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. U.S. Virgin Islands state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.