Understanding the complexities of VA and military medical malpractice in Louisiana is crucial when pursuing a claim. Victims need to navigate through state-specific laws, such as the damage cap of $500,000 on recoveries, and the statute of limitations which dictates legal action must be taken within one year of discovering malpractice. Moreover, the Federal Tort Claims Act (FTCA) and the Military Claims Act (MCA) outline the federal procedures for filing claims against the U.S. government for malpractice. It's essential to comply with Louisiana's requirement for a medical review panel before proceeding to court. For more information on VA medical malpractice claims and to find out how you can pursue justice, explore our detailed resources on the Federal Tort Claims Act settlements or VA tort claim payouts.
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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
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 Louisiana, the statute of limitations for medical malpractice claims, including those against military and VA facilities, generally requires that claims are filed within one year from the date of the alleged malpractice or from when the malpractice was discovered, but no more than three years from the date of the alleged malpractice. It is crucial to act within these time constraints to preserve your legal rights. For more detailed guidance, consult an experienced attorney familiar with both state and federal laws. You can learn more about how these laws may impact your case on our VA medical malpractice page.
While the Federal Tort Claims Act (FTCA) itself does not impose damage caps, Louisiana law has caps on non-economic damages in medical malpractice cases that could impact a claim. As such, consulting with a knowledgeable attorney familiar with both state and federal law is crucial to understanding how these laws might apply and potentially affect your case. Our firm is experienced in handling FTCA claims and is prepared to help you navigate your claim to maximize your payout. Discover more about potential VA tort claim payouts on our website.
In Louisiana, the law mandates that all medical malpractice claims undergo review by a state medical review panel before they can proceed to court. This applies to claims against healthcare providers employed by state agencies, and it may be relevant if VA or military facilities are considered state entities for this purpose. To understand this process in detail, visit our State Medical Review Panel page for more information.
Yes, you can sue the VA for medical malpractice under the Federal Tort Claims Act (FTCA). However, claims must adhere to Louisiana’s specific procedures and limitations. Engaging with an attorney experienced in suing the VA can provide clarity on how to proceed effectively. For more information on initiating a claim, visit our section on suing the VA.
The Federal Tort Claims Act (FTCA) and the Military Claims Act (MCA) are key federal laws allowing claims against the U.S. government for medical malpractice. In Louisiana, these claims must align with state-specific procedures. Understanding these frameworks and how they apply to your case can be complex, so exploring resources like our Standard Form 95 guide can be beneficial.
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