Michigan veterans and military families receive care at VA medical centers throughout the state. If negligent care at any of these government facilities caused you harm, you may pursue compensation under the Federal Tort Claims Act (FTCA). The Archuleta Law Firm has recovered over $145 million for victims of VA and military medical malpractice. Our unique doctor-attorney on staff provides unmatched expertise in evaluating complex medical negligence claims. Request your free case evaluation.
How to File a VA Medical Malpractice Claim in Michigan
Filing a medical malpractice claim against a VA facility in Michigan requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here are the essential steps:
1. Document Everything
- Medical Records: Gather all treatment records from VA facilities
- Timeline: Create a detailed chronology of medical care and when injuries were discovered
- Witnesses: Record names of all healthcare providers involved
- Damages: Keep receipts for all medical expenses, lost wages, and other costs
- Photos: Document visible injuries or conditions if applicable
2. Obtain Independent Medical Review
- Private Medical Opinion: Get evaluation from non-VA doctor about standard of care violations
- Medical Records Review: Have expert analyze VA treatment records
- Expert Report: Obtain written opinion supporting malpractice claim
- Michigan Requirements: Expert must practice in same specialty as defendant per MCL § 600.2169
3. File Administrative Claim (SF-95)
- Standard Form 95: Complete all sections of mandatory federal claim form
- Supporting Documents: Attach medical records and expert opinions
- Damages Amount: Specify exact sum certain for all damages claimed
- Filing Location: Submit to VA Regional Counsel office serving Michigan
- Deadline: Must file within 2 years of injury discovery (28 U.S.C. § 2401(b))
4. Wait for Agency Response
- Review Period: VA has 6 months to investigate and respond
- Documentation: Keep copies of all correspondence
- Status Updates: Request claim status every 30-60 days
- Settlement: Consider any VA settlement offer carefully
5. File Federal Lawsuit if Needed
- Jurisdiction: File in U.S. District Court (Eastern or Western District of Michigan)
- Timing: Must file within 6 months of claim denial
- Complaint: Detail FTCA claim elements and Michigan malpractice requirements
- Service: Proper service on U.S. Attorney's Office required
Michigan FTCA Claims: State Law Considerations
Statute of Limitations
- FTCA Deadline: 2 years from injury discovery (28 U.S.C. § 2401(b))
- Administrative Requirement: Must file SF-95 before lawsuit
- Discovery Rule: Clock starts when patient discovers or should have discovered injury
- Tolling Provisions: Limited exceptions for minors or mental incapacity
Damage Caps
- FTCA Limitations: No punitive damages against federal government
- Economic Damages: No cap on medical expenses or lost wages
- Non-Economic Damages: Subject to Michigan's medical malpractice caps under MCL § 600.1483
- Wrongful Death: Special considerations under Michigan Death Act
Expert Witness Requirements
- Qualification Standards: Expert must be licensed physician
- Specialty Matching: Must practice same specialty as defendant
- Active Practice: Must have actively practiced or taught in specialty within past 3 years
- Board Certification: Required if defendant is board certified
- Affidavit Requirement: Must file with complaint per MCL § 600.2912d
Special Considerations
- Notice Requirements: Strict compliance with FTCA notice provisions
- Comparative Fault: Michigan's modified comparative fault applies
- Scope of Employment: Must prove VA provider acted within official duties
- Choice of Law: Federal law governs procedure, Michigan law governs substantive issues
Were You Harmed at a Michigan Medical Facility?
If you or a loved one received negligent care at a VA hospital, military base clinic, or any government medical facility in Michigan, you may be entitled to compensation under the Federal Tort Claims Act (FTCA).
Michigan Medical Malpractice Cases
We handle these types of claims at Michigan VA & military facilities
Michigan Surgical Errors
Wrong-site surgery, retained instruments, post-op complications at Michigan VA hospitals and military treatment facilities
View Michigan casesMichigan Misdiagnosis
Delayed or incorrect diagnosis leading to harm at Michigan VA hospitals and military treatment facilities
View Michigan casesMichigan Birth Injuries
Delivery negligence, oxygen deprivation, fetal monitoring errors at Michigan VA hospitals and military treatment facilities
View Michigan casesMichigan Wrongful Death
Fatal medical errors and negligent care at Michigan VA hospitals and military treatment facilities
View Michigan casesMichigan Brain & Head Injury
TBI, stroke misdiagnosis, neurological negligence at Michigan VA hospitals and military treatment facilities
View Michigan casesMichigan Spinal Cord Injury
Paralysis from surgical errors or delayed treatment at Michigan VA hospitals and military treatment facilities
View Michigan casesMichigan Medical Facilities
41 VA hospitals, clinics, and military treatment facilities
Aleda E. Lutz Department of Veterans Affairs Medical Center
Battle Creek Medical Center
John D. Dingell Department of Veterans Affairs Medical Center
Lieutenant Colonel Charles S. Kettles Medical Center
Oscar G. Johnson Department of Veterans Affairs Medical Facility
Adrian Clinic
Benton Harbor Clinic
Century Avenue Clinic
Colonel Demas T. Craw Clinic
Detroit Medical Center-Valor Center
Downriver Clinic
Duane E. Dewey Clinic
Flint Clinic
Gladstone Clinic
Grayling Clinic
Green Road Clinic
Howell Clinic
Jackson Clinic
Lansing Clinic
Lieutenant Colonel Clement C. Van Wagoner Department of Veterans Affairs Clinic
Major General Oliver W. Dillard Clinic
Manistique Clinic
Menominee Clinic
Muskegon Clinic
Navy Corpsman Steve Andrews Department of Veterans Affairs Health Care Clinic
Oscoda Clinic
Packard Road Clinic
Pfc. Justin T. Paton Department of Veterans Affairs Clinic
Pontiac Clinic
Saginaw North Clinic
Saginaw Clinic
Sault Saint Marie Clinic
Wyoming Clinic
Yale Clinic
Don't Wait to Get Help
FTCA claims have strict deadlines. If you experienced medical malpractice at anyMichigan government medical facility, contact us today for a free, confidential case evaluation.
Common Questions About Michigan VA Claims
What are the statute of limitations for military medical malpractice claims in Michigan?
Under the Federal Tort Claims Act, you must file an administrative claim (Standard Form 95) within two years of discovering your injury. After the agency denies your claim or fails to respond within six months, you have an additional six months to file a federal lawsuit. Michigan state law may also affect certain aspects of your case, including the discovery rule interpretation. Contact our firm for a detailed analysis of your specific situation.
How do I file a medical malpractice claim against a Michigan VA hospital?
To file an FTCA claim against a Michigan VA facility, you must first submit Standard Form 95 (SF-95) to the VA Regional Counsel's office. The form requires specific details about your injury, the negligent act, and a "sum certain" dollar amount for your claim. Our attorneys can guide you through this complex process. Learn more on our SF-95 guide page.
Can you sue a military hospital for medical malpractice in Michigan?
Yes, military families and dependents can file FTCA claims against military treatment facilities in Michigan for medical negligence. This includes birth injuries, surgical errors, misdiagnosis, and other forms of malpractice. The process is similar to VA claims but requires filing with the appropriate military branch's claims office.
What damages can I recover in a Michigan VA malpractice case?
FTCA claims may recover economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Punitive damages are not available under the FTCA. Michigan state law regarding damage caps may influence your case, so it's important to consult with an experienced FTCA attorney.