Navigating the complex terrain of military and VA medical malpractice claims in New Jersey can be daunting. Fortunately, New Jersey does not impose caps on compensatory damages, ensuring that those affected by medical negligence in military and VA facilities have a fair chance at receiving adequate compensation. However, punitive damages are restricted, capped at $350,000 or five times the compensatory damages, whichever is greater. For guidance on filing claims under the Federal Tort Claims Act (FTCA), which governs such cases, visit our comprehensive guide on VA medical malpractice litigation. It's crucial to act swiftly due to the statute of limitations, which is two years from the date of the injury or when the malpractice was discovered. Our expertise can help you navigate this process effectively to secure the justice and compensation you deserve. Learn more about filing a claim using the Standard Form 95 (SF-95) to initiate your case under the 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:
VA Medical Facilities
Military Medical Facilities
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 process for filing a VA medical malpractice claim in New Jersey involves submitting an administrative claim using the Standard Form 95 (SF-95) to the Department of Veterans Affairs. This form must include a detailed account of the alleged malpractice, the injuries sustained, and the compensation sought. It’s crucial to adhere to the statute of limitations, which is generally two years from the date of the injury. For more detailed guidance on filing a claim, visit our page on Standard Form 95.
While the Federal Tort Claims Act (FTCA) does not impose damage caps on claims against the U.S. government, New Jersey law may have caps on certain types of damages in medical malpractice cases that could affect your claim. It’s important to consult with an attorney experienced in both state and federal law to understand how these laws may apply to your case. Our firm, with extensive experience in FTCA claims, can help you navigate these complexities.
A valid VA medical malpractice claim in New Jersey typically requires demonstrating that the VA facility breached the standard of care and that this breach directly resulted in injury or harm. Our page on VA medical malpractice settlements provides insights into what constitutes negligence and how claims are evaluated.
Yes, you can sue the VA for negligence in New Jersey under the Federal Tort Claims Act. The FTCA allows individuals to pursue claims against the federal government for certain wrongful acts, including medical malpractice by VA doctors. Learn more about your rights and the process on our page about suing the VA for negligence.
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