Military & VA Medical Malpractice in Wyoming

How to File a VA Medical Malpractice Claim in Wyoming

Filing a medical malpractice claim against a VA facility in Wyoming requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:

Step 1: Document Everything

• Medical Records: Gather all relevant medical records, including treatment notes, test results, and imaging
• Timeline: Create a detailed chronology of medical care and when injuries were discovered
• Witness Information: Collect names and contact details of any witnesses
• Photographs: Document visible injuries, medical devices, or other relevant evidence
• Expenses: Keep receipts for all medical costs, medications, and related expenses

Step 2: Obtain Your VA Medical Records

• Submit SF-95: Request complete medical records through your local VA facility
• Private Records: Gather records from any non-VA providers who treated related conditions
• Response Time: Allow 20 business days for the VA to process your records request
• Review: Carefully examine records for accuracy and completeness

Step 3: File Standard Form 95 (SF-95)

• Completion Requirements: Fill out all sections of SF-95 completely and accurately
• Sum Certain: Specify exact amount of damages being claimed
• Supporting Documents: Attach relevant medical records and evidence
• Submission: Send to VA Office of General Counsel via certified mail
• Deadline: Must file within 2 years of when injury was discovered (28 U.S.C. § 2401(b))

Step 4: Agency Review Period

• Waiting Period: VA has 6 months to investigate and respond
• Investigation: Agency will review records and may request additional information
• Decision Options: Claim may be approved, denied, or settlement offered
• Documentation: Keep copies of all correspondence with the VA

Step 5: Federal Court Lawsuit

• Filing Window: Must file within 6 months of claim denial
• Jurisdiction: File in U.S. District Court for the District of Wyoming
• Legal Representation: Consider retaining an attorney experienced in FTCA claims
• Expert Witnesses: Prepare to meet Wyoming's expert witness requirements

Wyoming FTCA Claims: State Law Considerations

While FTCA claims follow federal law, certain Wyoming state laws may impact your case:

Statute of Limitations

• FTCA Deadline: 2 years from discovery of injury (28 U.S.C. § 2401(b))
• Discovery Rule: Clock starts when injury reasonably should have been discovered
• Administrative Claim: Must file SF-95 before this deadline
• Agency Review: 6-month review period doesn't extend the statute of limitations

Wyoming Damage Caps

• Government Claims: No specific caps under Wyoming law for medical malpractice
• Non-Economic Damages: Wyoming has not enacted caps on pain and suffering
• Punitive Damages: Unavailable in FTCA claims per federal law
• Wrongful Death: No statutory caps under Wyoming law

Expert Witness Requirements

• Qualification Standards: Expert must be actively practicing in same specialty
• Preliminary Review: Written opinion required before filing (WY Stat § 9-2-1519)
• Testimony Requirements: Must establish standard of care and breach
• Local Standard: Wyoming follows national standard of care for specialists

Remember that FTCA claims must first go through the administrative process before filing in federal court. Working with an attorney experienced in both federal FTCA claims and Wyoming medical malpractice law can help navigate these complex requirements effectively.