When navigating the complexities of military and VA medical malpractice in Mississippi, it is crucial to understand the legal frameworks and limitations involved. Mississippi law imposes a cap on non-economic damages in medical malpractice cases, limiting these to $500,000 for each claimant. Additionally, the statute of limitations generally requires claims to be filed within two years from the date of the injury or its discovery, with an absolute limit of seven years post-incident. To address claims against the U.S. government, including medical malpractice, claimants must navigate the Federal Tort Claims Act (FTCA) process. This involves filing an administrative claim before proceeding to a federal court. For further details on the Federal Tort Claims Act process, you can visit the U.S. Department of Justice - Federal Tort Claims Act. Understanding these nuances is essential for asserting claims effectively. For more insights into VA medical malpractice settlements and to explore if you can sue the VA, refer to our comprehensive guide on Veterans Medical Malpractice FTCA.
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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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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 military medical malpractice claim in Mississippi generally involves submitting a claim under the Federal Tort Claims Act (FTCA). This starts with filing an administrative claim using Standard Form 95. For information on filing and what to expect, you can refer to our resource on Standard Form 95. Consulting with a lawyer who understands both state and federal laws is crucial to navigate this process effectively and maximize potential compensation.
While the FTCA itself does not impose damage caps, Mississippi law may have caps on non-economic damages in medical malpractice cases which could affect FTCA claims. It’s vital to consult an attorney experienced with state and federal laws to understand how Mississippi’s specific regulations might impact your case. For more insights, our page on VA medical malpractice settlements provides further guidance.
Yes, you can sue the VA for malpractice in Mississippi if there is a basis for claiming negligence. This falls under the FTCA, but the specific circumstances and Mississippi state laws will influence the claim. To explore the legal grounds and potential outcomes, visit our section on suing the VA. Engaging with knowledgeable legal counsel is advised to thoroughly assess your case.
In Mississippi, the statute of limitations for medical malpractice generally spans two years from the date the injury was discovered or should have been discovered. However, no claim can be filed more than seven years after the act or omission occurred. To ensure timely filing, review the specific requirements on our FTCA overview page, and consider seeking legal advice.
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