Dealing with VA and military medical malpractice in Georgia can be complex, but understanding your rights and the legal options available is crucial. Georgia law does not impose a cap on economic damages, such as lost wages and medical expenses, for malpractice cases, but there are limitations on non-economic damages, like pain and suffering. It's important to act swiftly due to the statute of limitations, typically two years, and the statute of repose, which prevents claims after five years regardless of when the injury was discovered. For cases involving negligence by VA or military medical providers, claims must be filed under the Federal Tort Claims Act (FTCA) using Standard Form 95 within two years of the incident. Learn more about the process and how to seek compensation on our VA Medical Malpractice FTCA page. For personalized guidance, consider consulting with experienced medical malpractice attorneys who specialize in VA and military cases in Georgia.
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
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
While the Federal Tort Claims Act (FTCA) itself does not impose federal damage caps, Georgia law has caps on non-economic damages in medical malpractice cases that might influence a claim. It is important to consult an attorney familiar with both Georgia 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. For more information on how damages are calculated, visit our VA tort claim payouts page.
In Georgia, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury occurred. However, the “discovery rule” may apply, which allows the time to start when the injury is discovered or should have been discovered. There is also a statute of repose that prevents claims from being filed more than five years after the negligent act, even if the injury was discovered later. It’s crucial to act quickly and consult with an attorney to ensure your claim is filed within the required timeframe. To learn more about filing claims, check out our section on VA medical malpractice settlements.
Yes, you can file a claim against the VA for medical malpractice that occurred in Georgia under the Federal Tort Claims Act (FTCA). This law allows individuals to seek compensation for injuries caused by the negligence of federal employees, including those at VA facilities. It is important to file your claim promptly and have all necessary documentation prepared, as there are strict timelines involved. For detailed guidance on this process, visit our page on suing the VA.
To file an FTCA claim in Georgia, you must first submit an administrative claim using Standard Form 95 (SF95) to the appropriate federal agency. This claim must be submitted within two years from the date the injury occurred. The agency then has six months to respond to your claim. If the claim is denied or not resolved within this period, you may then file a lawsuit in federal court. For assistance with the process, including completing the necessary forms, refer to our comprehensive guide on the FTCA form 95.
Military medical malpractice claims in Georgia require navigating both state and federal laws, which can be complex. It’s critical to understand the specific legal standards and procedures involved, such as the need for expert testimony to prove negligence. Consulting with an attorney experienced in handling military medical malpractice cases is essential to ensure that your rights are protected and that you receive fair compensation. For more insights, explore our section on military medical malpractice attorneys.
"*" indicates required fields
Principal Office in
© Copyright Archuleta Law Firm. All Rights Reserved. Privacy Policy. Please read our Disclaimer.