When pursuing a VA or military medical malpractice claim in Oklahoma under the Federal Tort Claims Act (FTCA), it's crucial to understand the unique legal landscape. Oklahoma imposes a cap of $350,000 on non-economic damages in these cases, although economic damages, such as medical expenses and lost wages, are not capped. The statute of limitations is typically two years from the date of the injury or its discovery, compelling prompt action to preserve your claims. Additionally, the Federal Tort Claims Act allows individuals to file suits against the government, offering a pathway to justice for negligence at military and VA medical facilities. For more detailed information about filing a claim, visit our FTCA information page.
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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
In Oklahoma, medical malpractice under the Federal Tort Claims Act (FTCA) involves negligence by federal employees, including VA and military medical personnel. If you are a victim of such negligence, you might be entitled to compensation. While the FTCA itself does not impose damage caps, Oklahoma state laws may influence your claim with caps on non-economic damages. It’s crucial to consult with a legal expert to understand the nuances of both federal and state laws. For more details, you can visit our section on VA Medical Malpractice.
Oklahoma imposes a cap on non-economic damages in medical malpractice cases, although these caps can be complex depending on the specifics of the case. While the FTCA does not set caps, Oklahoma state laws may apply. Consulting with an attorney who specializes in both federal and state medical malpractice laws is essential to fully understand the impact on your potential claim. Our firm provides detailed guidance on Federal Tort Claims Act Settlements.
Generally, the statute of limitations for filing a medical malpractice claim under the FTCA is two years from the date of the injury or when the injury was discovered. However, specific circumstances in Oklahoma might affect these timelines, making it critical to act swiftly and seek legal advice. Our FTCA Form 95 page offers insights into the necessary steps to initiate a claim.
Active-duty military members have some unique restrictions compared to veterans when it comes to filing malpractice claims. However, changes under recent acts like the National Defense Authorization Act for FY 2020 offer some avenues for claims. It’s essential to discuss your specific situation with a legal expert familiar with military law in Oklahoma. Learn more about your options at our VA Medical Malpractice page.
An Oklahoma-based lawyer with expertise in both state-specific laws and federal legislation like the FTCA can provide valuable insight and assistance in navigating the complexities of your case. They can help ensure that you understand the applicable damage caps and statutes of limitation, maximizing your potential compensation. Discover more about how our firm can assist you by visiting our Free Case Evaluation page.
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