Military & VA Medical Malpractice in New Hampshire

How to File a VA Medical Malpractice Claim in New Hampshire

Successfully pursuing a VA medical malpractice claim in New Hampshire requires carefully following the Federal Tort Claims Act (FTCA) process. Here are the essential steps:

1. Document Everything

• Medical Records: Obtain copies of all relevant VA medical records and treatment notes
• Timeline: Create a detailed chronology of medical care and when injuries were discovered
• Witness Information: Gather contact details for any witnesses or other treating providers
• Expenses: Keep receipts for all medical costs, medications, and related expenses

2. Obtain Supporting Medical Evidence

• Private Medical Opinion: Get an independent medical evaluation documenting the standard of care violation
• Future Care Needs: Have experts document any anticipated future medical requirements
• Medical Records: Request complete copies of all VA and private medical records

3. File Standard Form 95 (SF-95)

• Deadline: Must file within 2 years of when the injury was discovered
• Required Information: Include detailed description of injuries and specific damage amount
• Supporting Documents: Attach relevant medical records and evidence
• Where to File: Submit to VA Office of General Counsel via:
  • Email: ogc.torts@va.gov
  • Fax: (202) 495-5076
  • Mail: Office of General Counsel (Torts Law Group)

4. Wait for Agency Response

• Review Period: The VA has 6 months to investigate and respond
• Communication: The VA will send an acknowledgment letter with claim number
• Investigation: The VA may request additional records or statements
• Decision: The VA will either deny the claim or make a settlement offer

5. File Federal Lawsuit if Necessary

• Deadline: Must file within 6 months of claim denial
• Jurisdiction: File in U.S. District Court for the District of New Hampshire
• Legal Counsel: Consider retaining an attorney experienced in FTCA claims
• Requirements: Must follow federal court rules and procedures

New Hampshire FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: 2 years from date of injury discovery (28 U.S.C. § 2401(b))
• State vs. Federal: While NH allows 3 years for state claims, the stricter 2-year FTCA deadline applies
• Discovery Rule: Claim period begins when injury and its cause should reasonably have been discovered
• Written Notice: Must file administrative claim (SF-95) before lawsuit is permitted

Damages Under New Hampshire Law

• Economic Damages: No caps on medical expenses, lost wages, future care costs
• Non-Economic Damages: No statutory caps on pain and suffering in New Hampshire
• FTCA Limitations:
  • No punitive damages allowed
  • Damages determined by NH state law standards
  • Structured settlements may be available for larger awards

Expert Witness Requirements

• Certificate Requirement: Must obtain expert certification before filing
• Expert Qualifications: Must be actively practicing in same specialty
• Standard of Care: Expert must clearly define standard of care violation
• Causation: Must establish direct link between negligence and injury
• Pre-Trial: Expert reports typically required during discovery phase

Comparative Negligence

• Modified System: NH follows modified comparative fault rule
• 51% Bar: Cannot recover if plaintiff is 51% or more at fault
• Reduction: Damages reduced by plaintiff's percentage of fault
• FTCA Application: Federal courts apply NH comparative fault rules