Navigating the complexities of military and VA medical malpractice claims in New York involves a deep understanding of both federal and state legal landscapes. With no specific damage cap under New York law, these claims are governed by the Federal Tort Claims Act (FTCA), which mandates a two-year statute of limitations from the date the injury is discovered. For a detailed understanding of filing claims under the FTCA, including the necessity of submitting a Standard Form 95, please visit our FTCA Form 95 Guide. The National Defense Authorization Act has also expanded the rights for active duty personnel to file medical malpractice claims, offering a new path to justice previously restricted under the Feres Doctrine. For more information on VA tort claim payouts and military malpractice settlements, explore our VA Tort Claim Payouts page. Empower yourself with the right knowledge to secure the compensation you deserve.
Ready to learn more about starting a case? Call (800) 798-9529 now.
Call (800) 798-9529 to Start Your FREE Case Review
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.
"*" indicates required fields
Settlement/Judgement Awarded
Received By Clients
Attorney Fees
Branch
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.
"*" indicates required fields
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 New York, the statute of limitations for filing a medical malpractice claim under the Federal Tort Claims Act (FTCA) is two years from the date the claimant discovers the existence and cause of the injury. It is essential to adhere to these federal timelines, as failing to do so can result in your claim being barred. If you’re considering filing a claim, it’s advisable to seek legal advice from a qualified professional familiar with these cases. For more detailed guidance, visit our VA medical malpractice page to ensure you have the most accurate and up-to-date information about your rights and responsibilities.
While the FTCA itself does not impose damage caps on claims against the U.S. government for negligence or wrongful acts, New York does not have a specific damage cap for medical malpractice claims. However, it’s important to confirm the current laws, as state-level regulations can influence the scope of compensation available under the FTCA. Consulting with an attorney who is well-versed in both federal and state malpractice laws in New York is highly recommended to understand how these might impact your claim. Explore the VA tort claim payouts page for further insights.
Yes, you can file a claim against the VA for medical malpractice in New York under the Federal Tort Claims Act. The FTCA allows veterans and their families to seek compensation for injuries caused by negligence or wrongful acts of federal employees, including those at VA medical facilities. Understanding the specific legal steps involved is crucial, and legal assistance is advised to navigate the complexities of these claims. For more information, please visit our Can you sue the VA page and learn more about how to proceed with such a claim.
If you suspect medical malpractice at a military hospital in New York, it is important to take immediate action. First, gather all relevant medical records and documentation related to the treatment in question. Then, contact a lawyer with expertise in VA and military medical malpractice to evaluate your case and guide you through the process of filing a claim under the FTCA. Time is of the essence due to the statute of limitations, so prompt action is critical. Begin your journey by visiting our Free Case Evaluation page to get started with expert legal support.
"*" indicates required fields
Principal Office in
© Copyright Archuleta Law Firm. All Rights Reserved. Privacy Policy. Please read our Disclaimer.