Traumatic Brain Injury (TBI) & Head Trauma Cases
Brain and head injuries are among the most serious and life-altering forms of medical malpractice. When caused by negligence at a military hospital or VA facility, these injuries can drastically impact quality of life, employment, relationships, and independence. Our experienced team at Archuleta Law Firm has handled numerous complex brain injury cases resulting from medical malpractice.
Types of Brain and Head Injury Cases We Handle
- Traumatic Brain Injury (TBI) from falls or preventable accidents
- Surgical errors during brain or head procedures
- Delayed treatment of head trauma
- Medication errors causing brain damage
- Anesthesia errors leading to oxygen deprivation (hypoxic brain injury)
- Post-surgical complications ignored or mismanaged
- Birth-related brain injuries
- Stroke misdiagnosis or delayed treatment
The Impact of Brain Injuries
Brain injuries often require lifelong medical care, rehabilitation, and support. Victims may face:
- Cognitive impairment and memory loss
- Personality changes and behavioral issues
- Physical disabilities and motor function loss
- Inability to work or earn a living
- Need for 24/7 care and supervision
- Chronic pain and headaches
- Emotional and psychological trauma
Compensation through FTCA claims can help cover these extensive costs, including past and future medical expenses, lost wages, pain and suffering, and diminished quality of life.
Why Brain Injury Cases Require Medical-Legal Knowledge
Brain injury cases are medically complex and require attorneys who understand both the legal and medical aspects. At Archuleta Law Firm, we have a doctor-attorney and registered nurse on staff who can:
- Review medical records with in-depth understanding
- Identify medical negligence and standard of care violations
- Consult with neurologists and brain injury specialists
- Accurately calculate lifetime medical costs
- Present compelling medical evidence
Federal Tort Claims Act (FTCA) and Brain Injuries
When brain injuries occur at VA or military facilities, claims must be filed under the Federal Tort Claims Act. This requires:
- Filing an administrative claim within 2 years of discovering the injury
- Completing Standard Form 95 with detailed medical documentation
- Proving negligence by federal healthcare providers
- Demonstrating causation between negligence and injury
Time is critical. Missing the statute of limitations will permanently bar your claim.
Contact Us for a Free Case Evaluation
Frequently Asked Questions
What is the most common cause of brain injuries in VA hospitals?
Falls are a leading cause, often due to inadequate supervision, improper bed rails, or failure to assess fall risk. Surgical errors and anesthesia complications are also significant causes.
Can I sue for a brain injury that occurred during military service?
Active duty service members have limited ability to sue under the Feres Doctrine, but the Richard Stayskal Act now allows some claims. Family members and veterans can file FTCA claims for injuries at military medical facilities.
How much compensation can I receive for a brain injury?
Compensation varies based on severity, but can include millions of dollars for severe TBI cases requiring lifetime care. The Archuleta Law Firm has secured some of the largest brain injury settlements in FTCA history.
How long do I have to file a brain injury claim?
You have 2 years from the date you discovered (or should have discovered) the injury to file an administrative claim with the VA or Department of Defense.
