Navigating the complexities of VA and military medical malpractice claims in Missouri can be daunting, but understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. Despite the lack of state-specific damage caps on FTCA claims, understanding the federal statute of limitations of two years from the injury date is essential. Successfully pursuing a claim involves filing an administrative claim through the appropriate channels, using Standard Form 95, before proceeding to federal court. For further detailed guidance on VA medical malpractice and the legal avenues available, explore our comprehensive resources on VA medical malpractice settlements and the entire FTCA process. Our dedicated team is here to assist veterans and active duty servicemembers in claiming the compensation they deserve. For detailed insights, explore our section on Standard Form 95 and how to navigate FTCA claims effectively.
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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
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 U.S. government for negligence or wrongful acts, such as those occurring within military or VA medical facilities in Missouri. To initiate an FTCA claim, one must submit an administrative claim using Standard Form 95. For more details on filling out this form, visit the FTCA form 95 page. Understanding the intricacies of the FTCA and how they apply in Missouri is crucial for pursuing a successful claim.
While the FTCA itself does not impose federal damage caps, Missouri law does cap noneconomic damages in medical malpractice cases. However, these state caps may not directly apply to FTCA claims. It is essential to consult with an attorney experienced in both state and federal laws to understand how Missouri’s damage caps might influence your FTCA claim. The Archuleta Law Firm specializes in navigating these complexities and maximizing payouts.
In Missouri, like the rest of the United States, the statute of limitations for filing an FTCA claim is two years from the date of the injury. This is a federal mandate and applies uniformly across all states. To ensure your claim is filed within this period, consult with a legal professional knowledgeable in VA and military medical malpractice cases in Missouri.
Yes, under the FTCA, you can pursue legal action against the VA for negligence that occurs in Missouri. This process can be complex, requiring a thorough understanding of both federal and state laws. For guidance on this process and help with your claim, consider reviewing information on how to sue the VA.
There are no state-specific laws in Missouri that directly affect military medical malpractice claims under the FTCA, as these claims are governed by federal law. However, understanding how Missouri’s general medical malpractice laws interact with federal regulations can be beneficial. For tailored advice, it’s recommended to consult with a legal expert who specializes in military and VA malpractice cases.
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