Understanding the intricacies of VA and military medical malpractice claims in California is essential for veterans and their families seeking justice for medical negligence. Under the Federal Tort Claims Act (FTCA), victims can pursue claims against U.S. government entities, including VA hospitals, for instances of malpractice. Navigating these complex cases in California involves adhering to the state’s Medical Injury Compensation Reform Act (MICRA), which caps non-economic damages at $250,000. Additionally, the statute of limitations demands that claims be filed within two years from the incident date. For more information on filing VA tort claims and understanding your rights, visit our detailed guides on VA medical malpractice settlements and the FTCA Standard Form 95.
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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
The process for filing a VA medical malpractice claim in California involves submitting a claim under the Federal Tort Claims Act (FTCA). Firstly, an FTCA claim must be filed with the appropriate administrative agency using the required forms, such as the Standard Form 95. It’s crucial to file the claim within two years of the incident to adhere to the statute of limitations. For more details, consult our page on VA medical malpractice.
While the FTCA itself does not impose federal damage caps on claims against the U.S. government, California law has caps on non-economic damages in medical malpractice cases that could influence a claim. According to California’s Medical Injury Compensation Reform Act (MICRA), non-economic damages are capped at $250,000. However, these laws can change, so it’s essential to consult an experienced attorney to understand how state laws may apply. For expert guidance, contact the Archuleta Law Firm, experienced in handling such cases. Explore our resources on reasons to sue the government.
In California, you generally have two years from the date of the alleged malpractice to file a claim under the FTCA. This statute of limitations also applies to claims filed against VA medical facilities. It’s crucial to act within this timeframe to prevent your claim from being barred. To ensure you meet all legal requirements, consult a qualified attorney. For more information, visit our page on suing the VA.
If you were injured at a military facility in California, it is important to contact an attorney who specializes in military medical malpractice. The Archuleta Law Firm has the expertise required to navigate the complexities of these claims. They will help gather necessary documentation and guide you through the legal procedures. For professional legal advice, explore our section on VA tort claim payouts.
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