When navigating the complexities of military and VA medical malpractice claims in Michigan, understanding the Federal Tort Claims Act (FTCA) is crucial. This federal law allows individuals to file claims against the U.S. government for medical malpractice carried out by VA and military medical providers. In Michigan, non-economic damages for such claims are capped, generally at $445,500, though this limit can increase to $821,500 in severe cases, such as death or significant permanent injury. It's critical to act swiftly, as the FTCA imposes a statute of limitations of two years from the date of the injury. To file a claim, a Standard Form 95 must be submitted to the relevant federal agency before pursuing a lawsuit in federal court. Learn more about VA tort claim payouts and the processes involved to ensure your rights are protected and your case is efficiently managed. Our experienced team is ready to assist and guide you through every step.
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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
In Michigan, filing a VA medical malpractice claim involves submitting a Standard Form 95 to the appropriate federal agency within two years of the incident, as required by the Federal Tort Claims Act (FTCA). It’s crucial to ensure that the form is correctly filled out and all necessary documentation is included. For more details on the process, visit our page on Standard Form 95. Consulting with an experienced attorney can greatly enhance your chances of a successful claim.
While the FTCA itself does not impose damage caps, Michigan law has caps on non-economic damages in medical malpractice cases that might influence your claim. It’s essential to consult an attorney familiar with both state and federal laws to understand fully how Michigan’s damage caps could impact your case. Our firm has extensive experience in navigating these complex legal frameworks across Michigan.
Active duty military personnel are generally restricted from suing under the FTCA due to the Feres Doctrine. However, recent changes in legislation may allow certain claims. In Michigan, claims may still be pursued by military dependents, retired personnel, and veterans. For further insights, explore our section on VA medical malpractice.
The statute of limitations for filing a VA medical malpractice claim under the FTCA in Michigan is two years from the date the claim accrues. This timeframe is crucial and missing this window can forfeit your right to a claim. To ensure timely filing, see our guide on FTCA form 95.
In Michigan, victims of VA medical malpractice can seek both economic and non-economic damages. Economic damages cover tangible losses such as medical bills and lost wages, while non-economic damages address pain and suffering. For precise information and assistance in filing a claim, reach out to our attorneys experienced in VA tort claim payouts.
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