American Samoa VA & Military Wrongful Death Malpractice Attorneys

Preventable medical errors at American Samoa's VA and military facilities devastate families, raising questions about care quality. Medical negligence that results in wrongful death represents the most serious breach of the trust placed in federal healthcare providers.

At the Archuleta Law Firm, our founding attorney brings a unique perspective as both a licensed attorney and medical doctor, providing unparalleled insight into complex wrongful death cases involving medical malpractice. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act (FTCA) cases, we understand both the medical standards that should have been met and the legal framework for holding the federal government accountable.

Under American Samoa law, the government is liable "in the same manner and to the same extent as a private individual under like circumstances" for wrongful death cases (A.S.C.A. § 43.1203). Families have legal recourse through the Federal Tort Claims Act when medical negligence at federal facilities causes preventable death.

• **Failure to Diagnose Life-Threatening Conditions **misdiagnosis****: When emergency room physicians or attending doctors miss critical symptoms of heart attacks, strokes, or sepsis, delays in treatment can prove fatal. This constitutes malpractice when a reasonably competent physician would have recognized the warning signs and initiated appropriate treatment.

• Medication Errors Leading to Death: Administering incorrect medications, wrong dosages, or failing to check for dangerous drug interactions can cause fatal reactions. These errors often result from inadequate safety protocols or failure to follow established medication administration procedures.

• Surgical Complications and Errors: Preventable deaths during or after surgery may result from anesthesia errors, surgical site infections due to poor sterile technique, or failure to recognize and address post-operative complications promptly.

• Delayed Emergency Response: When medical staff fail to respond appropriately to medical emergencies, including delayed resuscitation efforts or failure to transfer critically ill patients to appropriate facilities, the delay can be the difference between life and death.

• Inadequate Monitoring of High-Risk Patients: Failure to properly monitor patients with serious conditions, including those in intensive care or recovering from major procedures, can result in preventable deaths when warning signs are missed or ignored.

• Mismanagement of Chronic Conditions: When healthcare providers fail to properly manage diabetes, heart disease, or other chronic conditions, or fail to recognize when these conditions are becoming life-threatening, patients may die from preventable complications.

Our firm represents families throughout American Samoa who have lost loved ones due to medical negligence at federal healthcare facilities. While American Samoa has limited federal medical facilities compared to mainland states, we handle wrongful death cases involving all federal healthcare providers serving the territory.

We represent families in wrongful death cases involving:

• VA medical facilities serving American Samoa veterans
• Military treatment facilities providing care to active duty personnel and their families
• Federal healthcare providers operating in the territory
• Cases involving medical transport and emergency care coordination with mainland facilities

American Samoa's remote location and complex coordination with mainland facilities increase the risk of medical errors leading to preventable deaths.

View all American Samoa VA & Military Facilities

• The deceased was misdiagnosed or their condition went undiagnosed despite presenting clear symptoms to medical professionals
• Emergency room staff failed to properly triage or delayed treatment for what should have been recognized as a medical emergency
• Surgical complications occurred that could have been prevented with proper technique or post-operative monitoring
• Medication errors contributed to the death, including wrong medications, incorrect dosages, or failure to monitor for adverse reactions
• The patient died from a hospital-acquired infection that could have been prevented with proper infection control protocols
• Medical staff failed to respond appropriately to changes in the patient's condition or ignored warning signs of deterioration
• The death occurred after a delay in treatment, mismanagement of a chronic condition, or failure to coordinate appropriate specialty care

Economic Damages

Economic damages cover lost future earnings, medical costs before death, and funeral expenses in American Samoa wrongful death cases. Families may also recover the value of benefits the deceased would have provided, including health insurance, pension contributions, and other employment benefits. Additional economic losses can include the cost of services the deceased provided to the household, such as childcare, home maintenance, and other domestic contributions that now require paid replacement.

Non-Economic Damages

Non-economic damages compensate for the emotional and relational losses that cannot be easily quantified. These include surviving family members' pain, spouses' loss of companionship, and children's loss of emotional support. The grief, mental anguish, and emotional distress caused by the wrongful death are also compensable under American Samoa law.

Under American Samoa law, "the government is not liable for interest prior to judgment or for punitive damages" in tort cases (A.S.C.A. § 43.1203). This means that while families can recover actual compensatory damages measured by the pecuniary injuries resulting from the death, punitive damages are specifically prohibited. However, this limitation applies to claims under territorial law, and FTCA claims against the federal government are governed by federal law and the law of the state where the negligent act occurred, which may provide different damage recovery options.

Under the Federal Tort Claims Act, wrongful death claims against federal employees must be filed within two years of the date the claim accrued (28 U.S.C. § 2401). This strict deadline applies to all FTCA claims, including those arising in American Samoa. The two-year period typically begins when the family knew or should have known that the death was caused by medical negligence. However, equitable tolling may apply in limited circumstances where extraordinary circumstances prevented timely filing.

While the research data does not provide verified information about American Samoa's specific expert witness requirements for wrongful death cases, FTCA claims generally require medical expert testimony to establish the applicable standard of care and demonstrate how the federal employee's conduct fell below that standard. Our firm's medical doctor-attorney provides unique expertise in evaluating and presenting the medical aspects of wrongful death cases.

For complete step-by-step filing instructions, see our guide: How to File a VA Medical Malpractice Claim in American Samoa

FTCA wrongful death claims must be filed within two years of when the claim accrued, typically when you knew or should have known the death was caused by medical negligence (28 U.S.C. § 2401). This federal deadline applies to all claims against VA and military medical facilities in American Samoa.

Under American Samoa law, families can recover actual compensatory damages measured by pecuniary injuries resulting from the death, but punitive damages are prohibited (A.S.C.A. § 43.1203). This includes lost earnings, medical expenses, funeral costs, and the value of services and support the deceased would have provided.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for the negligent actions of federal employees acting within the scope of their duties. The government becomes liable for the wrongful acts of its employees under the FTCA.

FTCA cases typically require medical expert testimony to prove the standard of care and demonstrate negligence. Our firm's founding attorney is both a licensed attorney and medical doctor, providing unique expertise in evaluating and presenting complex medical evidence in wrongful death cases.

FTCA wrongful death cases can take 18 months to several years, depending on the complexity of the medical issues and the government's response. The process begins with filing an administrative claim, which the agency has six months to investigate before you can proceed to federal court if necessary.

American Samoa law prohibits punitive damages in wrongful death cases, but this territorial limitation may not apply to FTCA claims, which are governed by federal law. The interaction between territorial and federal damage rules requires careful legal analysis based on the specific circumstances of each case.

Cases involving medical transport or coordination with mainland facilities for specialized care present unique jurisdictional and liability issues. The location where the negligent act occurred, the federal agency involved, and the specific circumstances of the transport all affect how the claim should be filed and pursued.

Recent changes to federal law, including provisions in the National Defense Authorization Act, have expanded the ability of active duty personnel and their families to pursue certain types of medical malpractice claims that were previously barred by the Feres doctrine.

When you or a loved one has suffered preventable deaths due to medical negligence at VA and military hospitals at a American Samoa VA or military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Wrongful Death cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military and VA medical malpractice victims nationwide, including complex Wrongful Death cases.

• American Samoa FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving American Samoa VA medical centers and military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including American Samoa, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Wrongful Death takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered preventable deaths due to medical negligence at VA and military hospitals at a American Samoa VA medical center or military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for American Samoa Wrongful Death victims. Our American Samoa Wrongful Death attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the American Samoa legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

American Samoa VA Malpractice Information

• Military & VA Medical Malpractice in American Samoa - Complete guide to filing claims in American Samoa, including facility listings and legal requirements

Other American Samoa Case Types We Handle

• American Samoa Surgical Errors Cases
• American Samoa Emergency Room Errors Cases
• American Samoa Brain Injury Cases

Wrongful Death Resources

• Wrongful Death Lawyers (Nationwide) - General Wrongful Death information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

If you're a veteran or military family member in American Samoa dealing with the devastating loss of a loved one due to potential medical negligence at a VA facility, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation, but you must act within strict timeframes to protect your legal rights.

You have two years from the date of the incident (or from when you reasonably should have known about the negligence) to file an administrative claim using Standard Form 95. Once you submit this claim, the federal agency has six months to respond. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

For military families in American Samoa, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with expert witnesses. Their unique combination of medical and legal expertise helps build a stronger case by precisely identifying where and how the negligence occurred.

Under the FTCA, you may be eligible to recover several types of damages. These can include medical expenses incurred before death, funeral and burial costs, loss of future earnings and benefits, and compensation for the deceased's pain and suffering before death. Family members may also recover damages for loss of companionship, guidance, and emotional support. In American Samoa, these claims must account for both federal regulations and territorial laws that may affect your recovery.

Don't navigate this complex process alone. Many experienced FTCA attorneys offer free, confidential case evaluations to help you understand your rights and options. During this consultation, they can review your specific situation, explain the relevant deadlines, and help determine if you have a viable claim. Remember, the sooner you seek legal guidance, the better positioned you'll be to gather crucial evidence and meet all required deadlines. Contact a qualified FTCA attorney today to ensure your family's rights are protected and to take the first step toward holding responsible parties accountable.

We handle various types of VA and military medical malpractice cases in American Samoa:

• American Samoa Surgical Errors Cases
• American Samoa Emergency Room Errors Cases
• American Samoa Brain Injury Cases
• American Samoa Spinal Cord Injury Cases
• American Samoa Misdiagnosis Cases
• American Samoa Medication Errors Cases