The journey to addressing military and VA medical malpractice in West Virginia is navigated through a complex legal landscape. In West Virginia, medical malpractice claims, including those against VA and military facilities, are governed by specific rules that impose a non-economic damage cap of $250,000. However, in cases involving catastrophic injuries or wrongful death, this cap can increase to $500,000. Legal considerations also include a two-year statute of limitations from the date of injury or its discovery, which applies uniformly to both civilian and military/VA cases. To initiate a claim against a government entity, such as the Department of Veterans Affairs, it is essential to file an administrative claim under the Federal Tort Claims Act. For more detailed guidance on navigating these claims, refer to the Federal Tort Claims Act resources and explore options for VA medical malpractice settlements. Understanding these legal intricacies is crucial for veterans seeking justice for medical negligence.
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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:
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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 West Virginia, the statute of limitations for filing a medical malpractice claim, including military medical malpractice, is generally two years from the date of the injury or the discovery of the injury. It’s crucial to consult with a legal expert familiar with both federal and West Virginia state laws regarding medical malpractice to ensure your claim is filed within the appropriate timeframe. For a comprehensive understanding, visit our VA medical malpractice page which covers related topics in detail.
While the Federal Tort Claims Act (FTCA) does not impose damage caps, West Virginia does have caps on non-economic damages in medical malpractice cases. The state limits non-economic damages to $250,000, with potential increases to $500,000 in cases involving catastrophic injuries or wrongful death. These caps can change, so it’s important to consult an attorney who is well-versed in both West Virginia and federal laws to fully understand how these might impact your claim. You can learn more about how these caps may affect your case on our VA tort claim payouts page.
Yes, you can file a claim against the VA for malpractice in West Virginia under the Federal Tort Claims Act (FTCA). This process involves filing an administrative claim first. Understanding the intricacies of both the FTCA and West Virginia laws is critical for a successful claim. For guidance on filing such claims, please visit our page on suing the VA for malpractice.
If you suspect medical malpractice at a military facility in West Virginia, the first step is to seek a legal consultation to review the specifics of your case. It’s essential to act within the statute of limitations and ensure that all necessary documentation is prepared for filing a claim. Our experienced attorneys can provide you with a free case evaluation, which you can access through our free case evaluation page.
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