Dealing with military and VA medical malpractice in Idaho involves navigating both federal and state legal frameworks. Idaho enforces a damage cap on non-economic damages for medical malpractice, limiting them to $400,000 under Idaho Code § 6-1603. However, economic damages like medical expenses and lost wages are not capped, ensuring that victims can recover essential costs. The Idaho statute of limitations for these claims is two years, aligning with the Federal Tort Claims Act (FTCA), which also requires the filing of an administrative claim first. If you're considering legal action, our resources on Standard Form 95 and VA tort claim settlements can guide you through the FTCA process. Don't let the complexities deter you; understanding your rights and the legal processes can be crucial in securing justice and compensation for military and VA medical malpractice.
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The Archuleta Law Firm has a Doctor-Attorney and Nurse on staff to review your case for free. We have successfully handled thousands of VA cases under the Federal Tort Claims Act (FTCA) throughout the United States and abroad. Our team is well-versed in the intricacies of military medical malpractice, ensuring you get the best representation possible.
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We can handle cases that involve medical malpractice at:
VA Medical Facilities
Military Medical Facilities
Army
Navy
Air Force
and all other VA and military medical facilities across the globe.
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Michael Archuleta, J.D., M.D., M.B.A. is a military and VA medical malpractice attorney and a medical doctor with more than 28 years of experience helping Military Families and Veterans receive compensation for injuries and wrongful death due to military and VA medical negligence. He has received some of the largest medical malpractice judgments and settlements in the history of the Federal Tort Claims Act (FTCA).
Veterans have served this country honorably and one of their benefits is VA medical care. When that VA medical care falls to the level of malpractice, I have a passion to help the injured veteran and their family.
When someone is injured or killed by malpractice at a VA facility, it doesn’t affect just them. It affects their entire family. Our law firm represents families in claims against the Department of Veterans Affairs when Department of Veterans Affairs was negligent and caused injury or death to their loved one.
– Dr. Michael Archuleta
In Idaho, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the injury or the date when the injury was discovered. However, for cases involving the Federal Tort Claims Act (FTCA), including VA and military medical malpractice, the claim must also be filed within two years of the incident, but this involves the additional step of filing an administrative claim first. For more detailed legal guidance, consult a qualified attorney or learn more at our VA medical malpractice section.
Idaho does have a cap on non-economic damages in medical malpractice cases, which is set at $400,000. However, this cap does not apply to economic damages such as medical expenses and lost wages. While the FTCA itself does not impose damage caps, Idaho state law may influence a claim. It’s crucial to consult with an experienced attorney to understand how state laws may apply to your case. Discover more about tort claims at our FTCA and VA tort claim payouts page.
Yes, you can sue the VA for medical malpractice under the Federal Tort Claims Act. This process requires filing an administrative claim first. If the claim is denied or not satisfactorily resolved, you may then file a lawsuit. For further information on the process, visit our detailed guide on VA medical malpractice.
The Federal Tort Claims Act allows individuals to file claims against the U.S. government for negligence, including military and VA medical malpractice. While the FTCA provides a mechanism for such claims, it requires adherence to strict procedures and timelines. Any damage caps imposed by Idaho may still influence the compensation awarded. Consult our comprehensive resources on Filing a Standard Form 95 for further instructions.
Our firm manages various cases, including misdiagnosis, failure to diagnose, surgical errors, and wrongful death, related to military medical malpractice. Idaho claimants can rely on our extensive experience in navigating both state and federal legal landscapes. Explore case examples in our case results section for more insights.
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