Veterans and military families in Montana who have suffered from medical negligence at VA or military hospitals are often left dealing with extensive physical, emotional, and financial burdens. Understanding the complexities of VA and Military Medical Malpractice claims is crucial for pursuing justice. In Montana, the Federal Tort Claims Act (FTCA) provides a pathway for veterans to seek compensation when harmed by the negligence of government healthcare providers. However, navigating these claims involves understanding specific state laws, including the damage cap of $250,000 for non-economic damages and the statute of limitations which is two years from the injury discovery date. For further insights into filing a claim, visit our detailed guide on suing the VA for malpractice. Our experienced attorneys are dedicated to advocating for those affected by military medical malpractice, ensuring you and your loved ones receive the support and compensation you deserve.
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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
While the FTCA itself does not impose damage caps, Montana 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 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 and maximize your payout. For more details, you can learn more about VA tort claim payouts.
In Montana, the statute of limitations for medical malpractice claims is two years from the date the injury was, or should have been, discovered. However, no action can be brought more than five years from the date of the alleged malpractice. For further guidance, you may want to explore the intricacies of such claims through resources on our page detailing VA medical malpractice.
The Montana Medical Legal Panel Act requires that medical malpractice claims be reviewed by a Medical Legal Panel before proceeding to trial. This is designed to prevent frivolous claims and ensure fair disposition of well-founded claims. For more insights into how this might affect your case, consider visiting our section on Standard Form 95.
Yes, Montana allows the defense of modified comparative negligence, which can reduce the damage award in proportion to the percentage of fault assigned to the plaintiff. Understanding this can be crucial for your claim, and our page on suing the VA provides additional context and information.
Medical malpractice complaints in Montana must be served within six months of filing. Failure to do so can result in the dismissal of the action without prejudice unless the defendant has made an appearance. To prevent such scenarios and for expert assistance, consult our veteran-focused FTCA claims resources.
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