Military & VA Medical Malpractice in Vermont

How to File a VA Medical Malpractice Claim in Vermont

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

Step 1: Document Everything

Gather medical records: Obtain copies of all relevant VA medical records, private medical records, and documentation of your injury or condition.

Keep detailed notes: Document all medical appointments, treatments, conversations with healthcare providers, and the impact of the injury on your daily life.

Collect evidence: Preserve any physical evidence, photographs, or witness information related to the medical negligence.

Step 2: Obtain Medical Expert Review

Independent evaluation: Have your medical records reviewed by a qualified medical expert who can verify that malpractice occurred.

Certificate of merit: Vermont requires a detailed certificate of merit from a qualified medical expert before proceeding with a medical malpractice claim.

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

Complete all sections: Fill out SF-95 with detailed information about:

• Your personal information
• Description of the incident
• Nature and extent of injuries
• Specific amount of damages claimed
• Supporting documentation

Submit properly: Send your SF-95 to the VA's Office of General Counsel via:

• Email: ogc.torts@va.gov
• Fax: (202) 495-5076
• Mail to your regional VA office

Timing requirement: File within two years of when you discovered (or should have discovered) the malpractice (28 U.S.C. § 2401(b)).

Step 4: Administrative Review Period

Wait for response: The VA has 6 months to investigate and respond to your claim (28 U.S.C. § 2675(a)).

Possible outcomes:

• Claim accepted and settlement offered
• Claim denied
• No response within 6 months (considered a denial)

Step 5: Federal Lawsuit if Necessary

File in federal court: If your claim is denied or 6 months pass without response, you have 6 months to file a lawsuit in the U.S. District Court for the District of Vermont.

Legal representation: Consider engaging an attorney experienced in FTCA claims before filing in federal court.

Vermont FTCA Claims: State Law Considerations

Statute of Limitations

FTCA deadline: Two years from the date the malpractice was discovered or should have been discovered (28 U.S.C. § 2401(b)).

Vermont state law: Medical malpractice claims must be filed within three years of the incident, or two years from when the injury was discovered, but not more than seven years from the date of the incident (12 V.S.A. § 521).

Important note: The FTCA's two-year deadline supersedes Vermont's longer statute of limitations.

Vermont Damage Caps

No statutory caps: Vermont does not impose specific caps on compensatory damages in medical malpractice cases.

FTCA limitations: While Vermont doesn't cap damages, the FTCA:

• Prohibits punitive damages (28 U.S.C. § 2674)
• Limits attorney fees to 25% of the settlement amount
• Requires damages to be calculated according to Vermont law

Expert Witness Requirements

Certificate of merit: Vermont requires filing a certificate of merit signed by a qualified medical expert stating there is a reasonable basis for the claim (12 V.S.A. § 1042).

Expert qualifications: The expert must:

• Be actively practicing medicine or teaching in the same specialty
• Have expertise in the type of medical care at issue
• Be certified by the appropriate medical board

Timing: The certificate must be filed with the complaint or within 90 days of filing.