Military & VA Medical Malpractice in Washington

How to File a VA Medical Malpractice Claim in Washington

Filing a medical malpractice claim against a VA facility in Washington requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's how to navigate the process:

Step 1: Document Everything

• Medical Records: Obtain copies of all relevant medical records, though you don't need to submit VA records with your claim
• Timeline of Events: Create a detailed chronology of medical care and when injuries occurred
• Witness Information: Gather contact details for anyone who witnessed the incident or its effects
• Financial Impact: Document all related expenses, including additional medical costs and lost wages

Step 2: Meet Administrative Requirements

• Time Limit: You must file within 2 years from when you knew (or should have known) about the injury
• Proper Form: Complete Standard Form 95 (SF-95), available on the VA website
• Sum Certain: Specify the exact amount of damages you're claiming
• Supporting Documents: Include non-VA medical records, bills, and other evidence

Step 3: File Your Administrative Claim

• Submit to VA: Send your completed SF-95 to the VA's Office of General Counsel
• Delivery Methods:
  • Email: ogc.torts@va.gov
  • Fax: (202) 495-5076
  • Mail: Regional VA Office (certified mail recommended)
• Keep Records: Maintain copies of everything submitted and proof of delivery

Step 4: Administrative Review Process

• Initial Review: The VA will acknowledge receipt within 10-14 days
• Investigation: The Office of General Counsel investigates your claim
• Medical Review: VA medical experts may evaluate your records
• Response Time: Expect 6 months or longer for a decision

Step 5: Federal Court Filing (If Necessary)

• Denial Response: If your claim is denied, you have 6 months to file a federal lawsuit
• Federal Court: File in the appropriate U.S. District Court (Western or Eastern Washington)
• Legal Representation: Consider hiring an attorney experienced in FTCA claims

Washington FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: 2 years from the date of injury discovery (28 U.S.C. § 2401(b))
• State Interaction: While Washington's medical malpractice statute of limitations is 3 years (RCW 4.16.350), the FTCA's 2-year limit controls for VA claims
• Discovery Rule: The clock starts when you knew or should have known about the injury and its cause

Washington Damage Caps

• No Set Caps: Washington has no specific caps on medical malpractice damages (Article I, Section 21 of WA Constitution)
• Economic Damages: No limit on medical expenses, lost wages, and other financial losses
• Non-Economic Damages: No statutory cap following Moore v. Harborview (2006)

Expert Witness Requirements

• Qualification Standard: Experts must practice in the same field as the defendant (RCW 7.70.040)
• Current Knowledge: Must have active clinical practice or teaching experience
• Geographic Scope: No same-community rule; experts can be from outside Washington
• Written Declaration: Must provide sworn statement outlining standard of care breach
• Timing: Expert opinion required before filing suit except in obvious negligence cases

Special Federal Considerations

• FTCA Preemption: Federal law governs VA claims procedure, but Washington law determines negligence standards
• Choice of Law: Washington medical standard of care applies to VA providers in-state
• Settlement Authority: Federal rules control settlement approval and payment processes