Understanding the complexities of military and VA medical malpractice cases in Kentucky is crucial for veterans seeking justice. In Kentucky, noneconomic damages in medical malpractice claims are capped at $250,000, but for catastrophic injuries or wrongful death, this cap can be increased to $1 million. Under the Federal Tort Claims Act (FTCA), which provides a legal framework for these cases, a claim must be filed within two years from the date the injury was known or should have been known. Before proceeding with a lawsuit, filing an administrative claim using Standard Form 95 is mandatory. For more information on the FTCA and its impact, visit our Federal Tort Claims Act guide. Navigating these legal channels can be daunting, but understanding your rights is the first step towards obtaining the compensation you deserve.
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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 Kentucky, the statute of limitations for filing a military medical malpractice claim under the Federal Tort Claims Act (FTCA) generally requires that the claim be filed within two years from the date the injury or death occurred, or from the date when the claimant knew or should have known about the injury. This federal requirement applies uniformly across all states, including Kentucky. For specific legal guidance and to ensure your claim is filed timely, consult with a legal professional familiar with both federal and Kentucky state laws regarding VA medical malpractice. For more details, you can visit our VA medical malpractice page.
While the FTCA itself does not impose damage caps, Kentucky law has caps on non-economic damages in medical malpractice cases that might influence a claim. It’s important to consult an attorney familiar with state and federal law to understand how Kentucky laws may apply and how they might impact your case. The Archuleta Law Firm, experienced in FTCA claims, is prepared to help you navigate your claim and maximize your payout. For more insights, explore our section on VA tort claim payouts.
To initiate a VA medical malpractice claim in Kentucky, you must first file an administrative claim using Standard Form 95 (SF95). This step is mandatory and allows the government an opportunity to review and potentially settle the claim. It is crucial to complete this form accurately and submit it within the required timeframe. For more guidance on this process, you can visit our page on Standard Form 95.
Yes, you can sue the VA for negligence in Kentucky under the Federal Tort Claims Act. However, there are specific procedures and requirements that must be followed to successfully file a claim. It is important to consult with a knowledgeable attorney who can guide you through the process and help evaluate your eligibility based on your specific circumstances. To learn more about the possibilities and limitations of suing the VA, visit our section on suing the VA.
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