Military & VA Medical Malpractice in Nevada

How to File a VA Medical Malpractice Claim in Nevada

Filing a medical malpractice claim against a VA facility in Nevada requires following specific federal procedures under the Federal Tort Claims Act (FTCA). Here's the step-by-step process:

Step 1: Document Everything

Before initiating your claim, gather comprehensive documentation:

• Medical Records: Request complete copies from both VA and non-VA providers
• Treatment Timeline: Create a detailed chronology of medical care
• Witness Information: Collect contact details for anyone with relevant knowledge
• Financial Records: Document all medical expenses and lost wages
• Photographic Evidence: Include photos of injuries or conditions where applicable

Step 2: Obtain Medical Records

Request your complete VA medical file:

• Submit VA Form 10-5345: Use this to request your medical records
• Include All Facilities: List every VA facility where you received care
• Specify Date Range: Request records from before and after the incident
• Request Private Records: Gather records from any non-VA providers who treated you

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

Submit your administrative claim using SF-95 within two years of the incident:

• Complete All Sections: Every field must be filled out accurately
• Sum Certain: Specify an exact dollar amount for damages
• Supporting Documents: Attach medical records and evidence
• Submit to: Office of General Counsel (02), One Veterans Dr., Bldg. 73, Minneapolis, MN 55417
• Keep Copies: Maintain complete copies of everything submitted

Step 4: Wait for Agency Response

The VA has six months to review your claim:

• Acknowledgment: You should receive confirmation of receipt
• Claim Number: Record this for all future correspondence
• Investigation: The VA will review medical records and evidence
• Possible Settlement: The VA may offer to settle during this period

Step 5: Federal Lawsuit (If Necessary)

If your claim is denied or six months pass without response:

• Six-Month Deadline: File suit within 6 months of denial letter
• Federal Court: File in U.S. District Court for the District of Nevada
• Expert Affidavit: Required under Nevada law for court filing
• Legal Representation: Consider securing an FTCA attorney

Nevada FTCA Claims: State Law Considerations

Statute of Limitations

The FTCA imposes strict deadlines for VA medical malpractice claims:

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

Nevada Damage Caps

Nevada law affects how damages are calculated in FTCA cases:

• Medical Malpractice Cap: $350,000 for non-economic damages (NRS § 41A.035)
• No Punitive Damages: FTCA prohibits punitive damages regardless of state law
• Economic Damages: No cap on medical expenses or lost wages
• Wrongful Death: Special rules apply under Nevada law

Expert Witness Requirements

Nevada has specific requirements for medical malpractice cases:

• Affidavit of Merit: Required under NRS § 41A.071 when filing in court
• Expert Qualifications: Must practice in same specialty as defendant
• Timing Requirements: Must be filed with the complaint
• Content Requirements: Must specify how standard of care was breached

These expert witness requirements apply to FTCA cases in Nevada federal courts through the Ninth Circuit's interpretation of state law requirements in federal proceedings.