Navigating the complexities of military and VA medical malpractice in Virginia requires a deep understanding of both federal and state laws. Under the Federal Tort Claims Act (FTCA), individuals can seek compensation for injuries caused by negligence at VA and military medical facilities. Virginia's medical malpractice damage cap, currently set to increase to $3 million by 2025, is a crucial factor to consider along with the federal statute of limitations of two years. For a successful claim, understanding both the intricacies of filing a Standard Form 95 and the specific procedural nuances outlined in the Virginia Code § 8.01-581.15 is essential. Explore more about VA malpractice claims at our resource center.
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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
Yes, you can sue the VA for medical malpractice in Virginia. This process is governed by the Federal Tort Claims Act (FTCA), which allows individuals to pursue claims against the U.S. government for negligence. However, the legal intricacies can be complex, and it’s crucial to consult with an attorney experienced in VA medical malpractice cases. The Archuleta Law Firm has extensive experience in handling such cases nationwide. For more information, you can visit our dedicated page on VA medical malpractice.
The statute of limitations for filing a military medical malpractice claim under the FTCA in Virginia is typically two years from the date of negligence. This is a federal mandate applicable across states, but there might be situations that affect the timing, such as when the harm was discovered. It’s advisable to seek legal counsel to ensure timely and correct filing. More details can be found on our page discussing the statute of limitations in Virginia.
While the FTCA does not impose federal damage caps, Virginia law has caps on non-economic damages in medical malpractice cases that might influence a claim. It’s important to consult an attorney familiar with both state and federal laws to fully understand how state laws may apply and potentially impact your case. For further details, visit our page about VA tort claim payouts.
Filing a claim against a military hospital in Virginia involves several steps under the FTCA. It begins with submitting a Standard Form 95, detailing your claim within the specified time limits. Navigating this process can be challenging, so professional legal assistance is highly recommended. We provide guidance on filing the necessary forms and maximizing your claim in our section about the Federal Tort Claims Act Form 95.
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