Military & VA Medical Malpractice in Wisconsin

How to File a VA Medical Malpractice Claim in Wisconsin

Filing a medical malpractice claim against a VA facility in Wisconsin 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 from VA facilities and private providers
• Timeline of Events: Create a detailed chronology of your medical care and when problems occurred
• Witness Information: Collect names and contact details of any witnesses
• Financial Impact: Document all medical expenses, lost wages, and other costs related to the injury
• Photographs: If applicable, take photos of visible injuries or medical conditions

Step 2: Obtain Medical Records

• Request VA Records: Submit a formal request through your MyHealtheVet account or VA Form 10-5345
• Private Records: Obtain records from any non-VA healthcare providers who treated you
• Supporting Documents: Collect lab reports, imaging studies, and consultation notes
• Treatment Plans: Include documentation of recommended future medical care

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

• Complete SF-95: Fill out all sections of the form accurately and completely
• Sum Certain: Specify the exact amount of damages you're claiming
• Supporting Evidence: Attach copies of medical records and documentation
• Wisconsin VA Submission: Submit to the appropriate VA Office of General Counsel:
  • Northern/Western WI: Minneapolis OGC Office
  • Southern/Eastern WI: Waco OGC Office
• Delivery Method: Send via certified mail or email to ogc.torts@va.gov

Step 4: Administrative Review Period

• Six-Month Review: The VA has 6 months to investigate and respond
• Document Communications: Keep records of all correspondence with the VA
• Additional Information: Promptly respond to any requests for more documentation
• Settlement Negotiations: Consider any settlement offers carefully

Step 5: Federal Lawsuit if Necessary

• Six-Month Window: File suit within 6 months of claim denial
• Federal Court: File in the appropriate Wisconsin Federal District Court
• Legal Representation: Consider hiring an attorney experienced in FTCA claims
• Jurisdiction: Ensure proper venue (Eastern or Western District of Wisconsin)

Wisconsin FTCA Claims: State Law Considerations

Statute of Limitations

The FTCA imposes strict deadlines for filing claims:

• Two-Year Deadline: Claims must be filed within 2 years of the incident (28 U.S.C. § 2401(b))
• Discovery Rule: Time begins when you knew or should have known about the injury
• Administrative Claim: Must file SF-95 before any lawsuit
• Six-Month Window: After denial, you have 6 months to file in federal court

Wisconsin Damage Caps

Based on verified research data available:

• FTCA Limitations: No punitive damages allowed under federal law
• Compensatory Damages: Economic and non-economic damages permitted
• State Requirements: Wisconsin's 120-day notice requirement for state claims
• Federal Preemption: FTCA claims follow federal rules, though state damage calculations may apply

Note: Specific Wisconsin medical malpractice damage caps require consultation of current state statutes.

Expert Witness Requirements

For FTCA claims in Wisconsin federal courts:

• Expert Testimony: Required to establish standard of care and breach
• Federal Rules: Expert witnesses must meet Federal Rules of Evidence requirements
• Timing: Expert reports typically required during discovery phase
• Qualifications: Experts must have appropriate medical credentials and experience

Note: Specific Wisconsin expert witness requirements for medical malpractice cases require consultation of current state statutes and court rules.