Dealing with military and VA medical malpractice claims in Oregon can be a complex process, but understanding the legal framework is crucial. In Oregon, while there are no specific damage caps for malpractice claims against military or VA facilities, some limitations on noneconomic damages exist. This nuanced area of law requires careful navigation, especially given the statute of limitations, which is typically two years from the date of injury discovery. However, the Federal Tort Claims Act (FTCA) offers a pathway for veterans and their families to seek compensation for malpractice by government-employed healthcare providers. For more detailed guidance, visit our page on VA medical malpractice settlements.
Ready to learn more about starting a case? Call (800) 798-9529 now.
Call (800) 798-9529 to Start Your FREE Case Review
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.
"*" indicates required fields
Settlement/Judgement Awarded
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.
"*" indicates required fields
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 Oregon, the statute of limitations for medical malpractice claims, including those involving VA facilities, is generally two years from the date when the injury was discovered or reasonably should have been discovered. However, there’s a “statute of ultimate repose” that caps the time frame at five years from the date of the alleged malpractice. It is critical to consult with an attorney familiar with both federal and Oregon state law to ensure your claim is filed within the allowable period. For more guidance, you can visit our VA medical malpractice page to explore your options and ensure your rights are protected.
While the Federal Tort Claims Act (FTCA) does not impose damage caps on claims against the U.S. government, Oregon’s state laws regarding non-economic damage caps might influence your VA medical malpractice claim. It’s important to note that state laws can change, so consulting with a knowledgeable attorney is crucial to understanding how these laws might affect your case. For more information, consider reading about VA tort claim payouts and how these nuances might apply to your case in Oregon.
Yes, it is possible to sue the VA for negligence in Oregon under the Federal Tort Claims Act. This process involves specific requirements and timelines, making it essential to have legal assistance to navigate the complexities involved. For detailed guidance on this topic, visit our page on suing the VA. It provides valuable insights into the steps necessary to pursue a negligence claim against the VA in Oregon.
If you believe a VA facility in Oregon has misdiagnosed a medical condition, it is crucial to act promptly. First, gather all relevant medical records and consult with an attorney experienced in VA medical malpractice to evaluate your case. There is a two-year statute of limitations for filing your claim. For more support, visit our section on cases of misdiagnosis to understand your rights and potential recourse.
To file a claim against the VA in Oregon for medical malpractice, you must complete an SF95 form, which is the standard form used under the FTCA for such cases. This form must be submitted within two years of the incident. Filing can be complex, thus consulting an attorney experienced in VA claims is recommended. For step-by-step instructions and access to the form, visit our page about FTCA form 95.
"*" indicates required fields
Principal Office in
© Copyright Archuleta Law Firm. All Rights Reserved. Privacy Policy. Please read our Disclaimer.