Dealing with military and VA medical malpractice in South Carolina involves navigating both federal and state legal frameworks. While South Carolina places a cap on non-economic damages for medical malpractice cases, this does not apply to Federal Tort Claims Act (FTCA) claims, which are governed by federal law. Importantly, the statute of limitations for filing an FTCA claim is two years from the date of the alleged malpractice, making timely action crucial. For more detailed guidance on filing these claims, you can explore more about the Federal Tort Claims Act and VA Tort Claim Payouts. Understanding the unique challenges and processes involved in these cases is essential for veterans and military personnel seeking justice for medical negligence. For further insights into navigating these claims, visit Filing a Medical Malpractice Claim Against a Military Hospital in South Carolina.
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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
Navy
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 South Carolina, the statute of limitations for filing a military medical malpractice claim under the Federal Tort Claims Act (FTCA) is generally two years from the date the claim accrued. However, the specific start date for this period can vary depending on when the injury was discovered or should have been discovered with reasonable diligence. It’s crucial to file an administrative claim within this timeframe, or your claim may be barred. For detailed guidance on filing claims and potential extensions, visit our VA medical malpractice settlements page.
While the FTCA itself does not impose damage caps, South Carolina law may cap non-economic damages in medical malpractice cases that could potentially influence your claim. For accurate and up-to-date details on how state laws may apply and impact your case, consulting an attorney experienced in both state and federal law is essential. Our team at the Archuleta Law Firm has extensive experience in FTCA claims and is ready to assist you in maximizing your potential payout. For more details, you can explore our section on VA tort claim payouts.
Yes, you can sue a VA hospital in South Carolina for medical malpractice under the FTCA. It involves filing an administrative claim first, and only if it’s denied or not resolved within six months can you file a lawsuit in federal court. For a detailed understanding of the process and legal requirements, please visit our VA medical malpractice settlements page.
In South Carolina, both veterans and active military personnel, as well as their family members, are eligible to file military medical malpractice claims under the FTCA. This also applies to claims for injuries incurred in VA hospitals. For more insights into eligibility criteria and filing procedures, you can refer to our resources on VA medical malpractice settlements.
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