Military & VA Medical Malpractice in Kentucky

How to File a VA Medical Malpractice Claim in Kentucky

Filing a medical malpractice claim against a VA facility in Kentucky requires following specific federal procedures while adhering to certain state requirements. Here are the essential steps:

Step 1: Document Everything

• Medical Records: Gather all relevant medical records from VA and non-VA providers
• 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 or conditions with dated photographs
• Communications: Keep copies of all correspondence with medical providers

Step 2: Obtain Supporting Medical Records

• Request VA Records: Submit a Freedom of Information Act (FOIA) request for complete VA medical files
• Private Records: Collect records from any private healthcare providers involved
• Treatment Costs: Compile all medical bills and anticipated future medical expenses
• Lost Wages: Document any work missed due to the injury

Step 3: File Standard Form 95

• Complete SF-95: Fill out all sections of Standard Form 95 with detailed information
• Sum Certain: Specify the exact amount of damages being claimed
• Supporting Documents: Attach relevant medical records and documentation
• Filing Location: Submit to VA Office of General Counsel (021) Torts Law Group, 810 Vermont Ave, NW, Washington, DC 20420
• Submission Methods: Email to ogc.torts@va.gov, fax to (202) 495-5076, or mail

Step 4: Administrative Review

• Wait Period: Allow 6 months for the VA to investigate and respond
• Documentation: Keep proof of claim submission and claim number
• Communication: Respond promptly to any VA requests for additional information
• Decision: Receive either acceptance, denial, or no response after 6 months

Step 5: Federal Lawsuit (If Necessary)

• Timing: File within 6 months of claim denial or after 6 months of no response
• Jurisdiction: File in appropriate U.S. District Court in Kentucky
• Legal Counsel: Consider retaining an attorney experienced in FTCA claims
• Court Requirements: Follow federal court procedures and local rules

Kentucky FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: Claims must be filed within 2 years from the date the injury was discovered (28 U.S.C. § 2401(b))
• Discovery Rule: The clock starts when you knew or should have known about the injury and its cause
• Administrative Requirement: Must complete administrative claim process before filing lawsuit
• Final Deadline: 6 months to file suit after claim denial (28 U.S.C. § 2675)

Kentucky Damages Considerations

• Economic Damages: No cap on compensation for medical expenses, lost wages, and future care
• Non-Economic Damages: No statutory cap on pain and suffering damages in Kentucky
• Punitive Damages: Unavailable in FTCA claims under federal law
• Wrongful Death: Kentucky allows recovery for both economic and non-economic losses

Expert Witness Requirements

• Certificate of Merit: Kentucky requires expert witness testimony in medical malpractice cases
• Qualification Standards: Experts must be licensed physicians practicing in the same or similar specialty
• Timing: Expert opinions must be secured before filing the lawsuit
• Scope: Expert must establish the standard of care and how it was breached

Additional Kentucky Considerations

• Comparative Fault: Kentucky follows pure comparative fault system
• Joint Liability: Multiple defendants may be held proportionally liable
• Settlement Authority: U.S. Attorney's Office must approve all FTCA settlements
• Attorney Fees: Limited to 25% if case settles administratively, 20% if lawsuit filed