Military & VA Medical Malpractice in Tennessee

How to File a VA Medical Malpractice Claim in Tennessee

Filing a medical malpractice claim against a VA facility in Tennessee requires careful attention to both federal and state requirements. Follow these essential steps:

Step 1: Document Everything

• Medical Records: Request complete copies of all relevant VA medical records
• Timeline: Create a detailed chronology of medical care and when injuries were discovered
• Witnesses: Record names of all medical providers involved in your care
• Photographs: Document visible injuries, complications, or conditions
• Communications: Keep copies of all correspondence with VA facilities or providers

Step 2: Obtain Supporting Medical Evidence

• Independent Evaluation: Seek evaluation from a qualified medical professional outside the VA system
• Expert Review: Have medical records reviewed by a qualified expert who can testify to the standard of care
• Current Treatment: Document ongoing medical needs and future care requirements
• Financial Impact: Gather documentation of all medical expenses and lost wages

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

• Deadline: Submit within two years of injury discovery (28 U.S.C. § 2401(b))
• Required Information: Include detailed description of incident and specific damage amount
• Supporting Documents: Attach relevant medical records and evidence
• Submission Methods:
  • Email: ogc.torts@va.gov
  • Mail: VA Regional Counsel Office
  • Fax: (202) 495-5076

Step 4: Administrative Review Period

• Waiting Period: Agency has 6 months to review and respond
• Investigation: VA will review records and may request additional information
• Decision Options: Claim may be approved, denied, or settlement offered
• Documentation: Keep copies of all correspondence and claim numbers

Step 5: Federal Court Filing (If Necessary)

• Timing: Must file within 6 months of final agency denial
• Jurisdiction: File in appropriate Tennessee federal district court
• Requirements: Ensure all administrative remedies were exhausted
• Legal Representation: Consider securing experienced FTCA counsel

Tennessee FTCA Claims: State Law Considerations

Statute of Limitations

• FTCA Deadline: Two years from date of injury discovery (28 U.S.C. § 2401(b))
• Federal Preemption: FTCA deadline supersedes Tennessee's longer period
• Discovery Rule: Clock starts when injury and its cause should reasonably have been discovered
• Strict Enforcement: Missing deadline permanently bars claim

Tennessee Damage Caps

• Non-Economic Damages: Limited to $750,000 in most cases (TN Code § 29-39-102)
• Catastrophic Injuries: Cap increases to $1,000,000 for specific severe injuries
• Economic Damages: No cap on provable economic losses
• FTCA Interaction: Tennessee caps may apply to FTCA claims through 28 U.S.C. § 1346(b)

Expert Witness Requirements

• Certificate of Good Faith: Required within 90 days of filing (TN Code § 29-26-122)
• Expert Qualifications: Must practice in Tennessee or bordering state within previous year
• Specialty Matching: Expert must practice in same specialty as defendant
• Competency Statement: Must demonstrate familiarity with community standard of care
• Documentation: Expert must review medical records before signing affidavit

Additional Tennessee Considerations

• Comparative Fault: Tennessee follows modified comparative fault system
• Standard of Care: Based on locality rule (TN Code § 29-26-115)
• Notice Requirements: Pre-suit notice to healthcare providers required
• Verification: All claims must be verified by plaintiff or authorized representative

Understanding these requirements is crucial for successful FTCA claims in Tennessee. Failure to comply with any procedural requirement can result in claim dismissal, regardless of merit.