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Military & VA Medical Malpractice in New Mexico

Get the Justice You Deserve with the Archuleta Law Firm

Dealing with military and VA medical malpractice in New Mexico involves navigating complex legal frameworks and understanding specific state laws. The New Mexico Medical Malpractice Act sets a cap on compensatory damages at $600,000, though it does not directly apply to federal claims under the Federal Tort Claims Act (FTCA). The FTCA allows claims against the U.S. government for negligence in military and VA healthcare settings, with a critical statute of limitations of two years from the date of injury. For those exploring options, understanding these legal nuances is crucial. Learn more about VA medical malpractice settlements and FTCA procedures to better navigate your legal journey.

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How can the Archuleta Law Firm help you?

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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Our Case Results Against the Army, Navy, Air Force and the Department of Veterans Affairs

Settlement/Judgement Awarded

$44,717,681
$15,752,732
$5,311,982
Air Force
$32,676,410
$18,967,710
$6,374,611
Army
$18,708,734
$8,704,761
$3,000,000
Army
$10,000,000
$6,525,317
$2,500,000
Army
$10,000,000
$7,384,854
$2,500,000
Army
$5,800,000
$4,106,711
$1,450,000
Army

Received By Clients

Attorney Fees

Branch

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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Get a Doctor-Attorney on Your Side. We Help Veterans Win FTCA Claims.

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).

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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

Frequently Asked Questions

What are the important legal considerations for filing a VA or military medical malpractice claim in New Mexico?

Filing a VA or military medical malpractice claim in New Mexico involves understanding both federal and state laws. The Federal Tort Claims Act (FTCA) allows claims against the U.S. government for negligence in military hospitals. While the FTCA itself does not impose damage caps, New Mexico law has caps on non-economic damages in medical malpractice cases, which might influence a claim. Consulting an attorney familiar with both state and federal laws is crucial to understanding how these might impact your case. The Archuleta Law Firm, experienced in FTCA claims globally, is prepared to help you navigate your claim and maximize your payout. For more information, visit our VA medical malpractice page.

What is the statute of limitations for military medical malpractice claims in New Mexico?

In New Mexico, the statute of limitations for military medical malpractice claims under the Federal Tort Claims Act (FTCA) is two years from the date the claim accrues. This is typically when the injured party knows or should have known the existence and cause of their injury. It’s important to act within this timeframe to avoid being barred from filing a claim. For detailed guidance, you can consult with experienced attorneys at the Archuleta Law Firm to ensure timely and accurate filing. Visit our Can You Sue the Government page for more insights.

How does New Mexico’s damage cap affect VA medical malpractice claims?

While the FTCA itself does not impose federal damages caps, New Mexico law has caps on non-economic damages in medical malpractice cases, which might influence a claim. It is important to consult an attorney who has a thorough understanding of both state and federal law, as state damage caps can frequently change and may impact your case. The Archuleta Law Firm is equipped to help you navigate these complexities to potentially maximize your compensation. For further information, please check out our FTCA and VA tort claim payouts page.

Can I file a VA medical malpractice claim if the injury occurred at a New Mexico VA facility?

Yes, you can file a claim if the medical negligence happened at a VA facility in New Mexico. The process involves filing under the Federal Tort Claims Act (FTCA). Veterans and their families have the right to seek compensation for injuries resulting from VA medical malpractice. The Archuleta Law Firm has extensive experience in handling such cases, ensuring you get the support necessary for a successful claim. More details can be found on our VA medical malpractice page.

Who can file a VA or military medical malpractice claim in New Mexico?

Military personnel, veterans, and their family members who have experienced medical negligence in New Mexico are eligible to file a claim under the Federal Tort Claims Act (FTCA). Familiarity with both federal and New Mexico state laws is essential for pursuing such claims effectively. The Archuleta Law Firm offers expert guidance and representation to help you navigate these legal waters. For more information, visit the FTCA Standard Form 95 page.

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