Navigating the complexities of military and VA medical malpractice in Florida can be daunting, especially under the Federal Tort Claims Act (FTCA). Understanding the state-specific nuances is crucial, as Florida's cap on non-economic damages does not apply to FTCA claims, yet serves as a backdrop to the broader medical malpractice landscape. One must act swiftly due to the strict two-year statute of limitations from the date of injury discovery to file a claim. Moreover, the Feres Doctrine restricts active-duty personnel from suing for injuries related to service. Our comprehensive guide explores these pivotal elements, helping you understand your rights and the legal pathways available. For more information on VA tort claim payouts and the claim filing process, visit our resource on VA tort claim payouts. Additionally, learn about the steps for filing a claim with our Standard Form 95 guide here. Empower yourself with the knowledge to pursue justice and explore your options for compensation under federal law.
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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
Navy
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 Federal Tort Claims Act (FTCA) allows individuals to sue the United States for wrongful acts committed by federal employees, including medical malpractice by VA and military medical staff. In Florida, the FTCA provides a mechanism for veterans and military families to seek compensation for injuries caused by medical negligence at federal facilities. For more details on FTCA claims, you can visit our page on VA Medical Malpractice.
While the FTCA itself does not impose damage caps, Florida law may have caps on non-economic damages in medical malpractice cases that might influence a claim. It’s important to consult an attorney familiar with state and federal law to fully understand how state laws may apply and how they might impact your case. The Archuleta Law Firm is experienced in FTCA claims worldwide and is prepared to help you navigate your claim to maximize your payout. Learn more about potential tort claim payouts.
To file a medical malpractice claim against the VA in Florida, you must first file an administrative claim using the Standard Form 95 (SF95) with the appropriate federal agency. The government has six months to respond to your claim. If the claim is denied, or not addressed, you may then proceed with a lawsuit in federal court. For a detailed guide, visit our section on the FTCA form 95.
Under the Feres Doctrine, active-duty military personnel are generally barred from filing claims against the government for injuries, including those caused by medical malpractice. This doctrine applies federally and is not specific to Florida. It’s crucial to get legal advice to explore any available options. Visit our VA malpractice settlements page for more information.
To maximize your compensation for a VA medical malpractice claim in Florida, it is essential to work with experienced attorneys who understand the nuances of FTCA cases. The Archuleta Law Firm has a proven track record of securing significant settlements for veterans and military families. We offer a free case evaluation to help determine the best path forward for your case. For more insights, explore our discussion on suing the VA.
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