When dealing with military and VA medical malpractice in Pennsylvania, it is crucial to understand both the complexities of the legal process and the rights of the victims. Pennsylvania law does not impose damage caps on medical malpractice claims, including those filed under the Federal Tort Claims Act (FTCA). This allows for full compensation for economic and non-economic damages resulting from malpractice at VA or military hospitals. Our experienced team is dedicated to guiding you through the administrative claim process, which requires filing a claim using Standard Form 95 within two years of the incident. To learn more about pursuing your claim under the FTCA, visit our page on VA medical malpractice settlements. For further assistance or a free case evaluation, reach out to our expert team today.
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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
Yes, you can sue the VA for medical malpractice in Pennsylvania. The Federal Tort Claims Act (FTCA) allows individuals to file lawsuits against the Department of Veterans Affairs for negligent medical care provided at VA hospitals and facilities. It’s important to file a claim using a Standard Form 95 within the two-year statute of limitations. For more details, visit our page on VA medical malpractice settlements.
While the FTCA itself does not impose damage caps, Pennsylvania law does not have specific damage caps for medical malpractice claims, which may affect the amount you can recover in a lawsuit. However, the interplay between state laws and the FTCA can be complex. It is crucial to consult an attorney who understands both state and federal laws to fully assess how they might affect your case. Our firm is well-versed in handling such cases and can assist you in pursuing your claim.
The statute of limitations for military medical malpractice claims, including those in Pennsylvania, is typically two years from the date of the incident or when you became aware of the injury and its possible cause. This timeline is governed by federal requirements under the FTCA and applies uniformly across states. To ensure your claim is filed on time, consult with our experienced attorneys who can guide you through the filing process.
To file a VA medical malpractice claim in Pennsylvania, you must first file an administrative claim with the government using Standard Form 95. The government then has six months to respond to your claim. If the claim is denied or not settled within this period, you can proceed to file a lawsuit in federal court. For detailed guidance on this process, explore our resource on Standard Form 95.
Common injuries involved in VA medical malpractice cases in Pennsylvania include misdiagnosis, surgical errors, and failure to diagnose or treat a condition appropriately. Such negligence can lead to serious harm or even wrongful death. Our firm specializes in handling these types of cases, ensuring that veterans and their families get the justice and compensation they deserve. For more information, visit our section on VA medical malpractice.
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