Navigating the complexities of military and VA medical malpractice in Rhode Island requires understanding the specific legal landscape, including the absence of damage caps and the stringent statute of limitations. In Rhode Island, victims must file medical malpractice claims within three years from the date of injury or its discovery. For service members and veterans, this is crucial, as delays can bar claims indefinitely. If you're considering a lawsuit against a military or VA facility, familiarize yourself with the Federal Tort Claims Act (FTCA) and the unique challenges involved. Visit this page for more on VA medical malpractice settlements and legal guidance on suing the VA for negligence or malpractice. Explore how to file using Standard Form 95 to ensure your claim is handled with precision.
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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
In Rhode Island, the process for filing a VA medical malpractice claim begins with submitting an FTCA claim using Standard Form 95 to the appropriate federal agency. The claim must detail the allegations against the VA or military healthcare provider. If the claim is denied, you may then file a lawsuit in federal court. For assistance, consider consulting an attorney experienced in military medical malpractice cases in Rhode Island to navigate these complex procedures efficiently and effectively.
While the Federal Tort Claims Act (FTCA) does not impose damage caps on claims against the U.S. government, Rhode Island law does not have statutory limits on damages in medical malpractice cases, including those involving military or VA medical facilities. Nevertheless, consulting a knowledgeable attorney is crucial, as damage cap laws can be nuanced and subject to change. The Archuleta Law Firm is experienced in handling such claims and can provide guidance on how state laws may apply to your case.
In Rhode Island, medical malpractice claims must be filed within three years from the date the injury occurred or from when it was reasonably discoverable. For minors, the statute of limitations starts on their 18th birthday. However, under the FTCA, claims typically must be filed within two years of the injury. It is advisable to consult with legal experts who understand both Rhode Island state laws and federal regulations to ensure your claim is filed in a timely manner, as variation based on specific circumstances can occur. For advice tailored to your situation, visit our detailed guide on suing the VA.
Claims for VA medical malpractice occurring outside the U.S. fall under the Military Claims Act or the Foreign Claims Act, rather than the FTCA. These acts provide a more limited recovery avenue compared to domestic claims. To understand your rights and options when an injury occurs overseas, it is important to seek legal counsel with experience in international claims. For more information, you can review our resource on suing the government which includes scenarios involving international claims.
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