California VA & Military Wrongful Death Malpractice Attorneys

Families expect high-quality medical care at California VA medical centers and military hospitals. Tragically, preventable medical errors and negligence at these federal facilities can result in wrongful deaths that devastate military families and veterans across the state.

Research shows wrongful death as one of the most serious medical malpractice outcomes, typically involving diagnostic failures, delayed treatments, or surgical complications. At the Archuleta Law Firm, our attorney is both a licensed attorney and a medical doctor, giving us unique expertise in understanding medical standards of care.

If medical negligence at a California VA or military facility caused your family member's death, you have legal rights under the Federal Tort Claims Act (FTCA). Wrongful death cases against federal facilities in California have stricter deadlines and more complex procedures than regular malpractice claims.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss critical diagnoses like heart attacks, strokes, or sepsis, delays in treatment can prove fatal. This includes misreading diagnostic tests, failing to order appropriate screenings, or dismissing serious symptoms.

• Medication Errors and Drug Interactions: Prescribing wrong medications, incorrect dosages, or failing to identify dangerous drug interactions can lead to fatal reactions, especially in elderly veterans with multiple health conditions.

• Surgical Complications and Post-Operative Negligence: Deaths can result from surgical errors, anesthesia mistakes, or inadequate post-operative monitoring. This includes operating on wrong body parts, leaving surgical instruments inside patients, or failing to recognize post-surgical complications.

• Emergency Room Treatment Delays: When emergency departments fail to properly triage patients or provide timely treatment for critical conditions, preventable deaths can occur from conditions like cardiac arrest, respiratory failure, or severe trauma.

• Inadequate Monitoring of High-Risk Patients: Failure to properly monitor patients in intensive care units or during recovery can result in missed warning signs of deteriorating conditions, leading to preventable deaths.

• Hospital-Acquired Infections: When facilities fail to maintain proper sanitation protocols or adequately treat infections, patients can develop sepsis or other life-threatening complications that prove fatal.

We represent families in wrongful death cases caused by medical negligence at major federal medical facilities in California. These facilities serve thousands of veterans and military personnel, making comprehensive medical care critical for patient safety.

• VA Greater Los Angeles Healthcare System - This large medical complex serves over 70,000 veterans annually, with multiple locations where complex medical procedures and emergency care are provided.

• Naval Medical Center San Diego - As one of the largest military medical centers on the West Coast, this facility handles high-risk cases including trauma care and specialized surgeries.

• David Grant USAF Medical Center (Travis Air Force Base) - This major Air Force medical facility provides comprehensive care including emergency services where critical treatment decisions can mean the difference between life and death.

• VA Palo Alto Health Care System - Serving the San Francisco Bay Area, this facility handles complex medical cases where diagnostic accuracy and treatment timing are crucial.

View all California VA & Military Facilities

• Sudden, unexpected death of a patient who was expected to recover or had a good prognosis
• Death following a recent change in medication or treatment plan without proper monitoring
• Fatal complications that occurred after routine procedures or surgeries with typically low mortality rates
• Death preceded by multiple trips to the emergency room with complaints that were dismissed or inadequately investigated
• Autopsy findings that reveal a different cause of death than what was initially diagnosed or treated
• Medical records showing delays in treatment, missed diagnoses, or failure to respond to critical lab results or vital sign changes
• Death occurring shortly after hospital discharge when the patient's condition was reportedly stable

Economic Damages

Under California wrongful death law, families can recover specific economic losses resulting from their loved one's death. These include funeral and burial expenses, which in California typically range from $7,000 to $15,000 or more depending on services chosen. Medical bills incurred before death are recoverable, including emergency treatment, hospitalization, and any procedures performed in attempts to save the patient's life. Lost wages and future income represent often the largest component of economic damages, calculated based on the deceased's earning capacity, age, health, and work-life expectancy. Families can also recover for the loss of financial support, household services, gifts, and benefits they could have reasonably expected to receive from the deceased.

Non-Economic Damages

California law allows recovery for the intangible losses families suffer when losing a loved one to medical malpractice. These damages include loss of the deceased's love, companionship, comfort, care, and society—recognizing that family relationships provide immeasurable value beyond financial support. Surviving spouses can recover for loss of protection and moral support, while children can claim damages for loss of training and guidance they would have received from their deceased parent. However, California law specifically excludes compensation for grief or sorrow experienced by survivors.

Under California's Medical Injury Compensation Reform Act (MICRA) (Cal. Civ. Code § 3333.2), non-economic damages in medical malpractice cases are subject to statutory caps, though recent reforms have modified these limits. For FTCA claims against federal facilities, questions arise about whether California's damage caps apply or whether federal law governs damage calculations under 28 U.S.C. § 2674. Additionally, California follows a pure comparative negligence standard, meaning damages may be reduced if the deceased contributed to their own death through actions like non-compliance with medical instructions.

Statute of Limitations

Under the Federal Tort Claims Act, wrongful death claims against VA and military hospitals must be filed within two years from the date of death (28 U.S.C. § 2675). However, California's discovery rule may extend this deadline in cases where the cause of death or the negligence that led to it was not immediately apparent. California Code of Civil Procedure § 377.60 governs wrongful death claims generally, but federal facilities are subject to additional procedural requirements including a mandatory administrative claim process before filing suit.

Expert Witness Requirements

California requires medical expert testimony in wrongful death cases involving medical malpractice to establish the standard of care and prove how it was breached. Under California Code of Civil Procedure § 411.35, plaintiffs must obtain a certificate of merit from a qualified medical expert before filing suit, confirming that there is reasonable basis to believe the defendant's negligence caused the wrongful death. For FTCA cases, expert witnesses must be familiar with federal medical facility standards and protocols.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), families have two years from the date of death to file a wrongful death claim against a VA or military hospital. However, an administrative claim must first be filed with the appropriate federal agency within two years, and if denied, families have six months to file suit in federal court.

California wrongful death law allows recovery of both economic damages (funeral costs, medical bills, lost income, loss of financial support) and non-economic damages (loss of companionship, guidance, and care). However, California's MICRA caps may limit non-economic damages in medical malpractice cases, though recent reforms have modified these limits for cases filed after 2023.

This complex area involves the intersection of California state law and federal FTCA provisions under 28 U.S.C. § 2674. While California's MICRA damage caps typically apply to medical malpractice cases in state court, federal courts may apply different standards for FTCA claims, potentially affecting the total compensation available to families.

No, you cannot sue individual military doctors or VA physicians personally. Under the FTCA, claims must be filed against the United States government, not individual healthcare providers. The government becomes liable for the negligent acts of federal employees acting within the scope of their official duties.

Yes, California requires qualified medical expert testimony to prove malpractice in wrongful death cases. The expert must be familiar with the applicable standard of care and be able to testify that the defendant's breach of that standard caused the death. For federal facility cases, experts should understand military or VA medical protocols.

FTCA wrongful death cases typically take 18 months to 3 years or longer, depending on case complexity. The process includes an initial administrative claim period (which can take 6-12 months), followed by federal court litigation if the administrative claim is denied. Settlement negotiations may occur at any stage of the process.

California follows pure comparative negligence rules, meaning damages may be reduced by the percentage of fault attributed to the deceased. For example, if the deceased was found 20% at fault for not following medical instructions, the damage award would be reduced by 20%. However, the family can still recover the remaining 80% of proven damages.

Yes, veteran families may be eligible for additional benefits through the VA, including dependency and indemnity compensation (DIC), which is separate from any FTCA wrongful death recovery. These benefits do not offset FTCA damages, meaning families may receive both types of compensation for their loss.

When you or a loved one has suffered preventable deaths due to medical negligence at VA and military hospitals at a California 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.

• California FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving California 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 California, 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 California 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 California Wrongful Death victims. Our California 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 California 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.

California VA Malpractice Information

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

Other California Case Types We Handle

• California Surgical Errors Cases
• California Emergency Room Errors Cases
• California 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've lost a loved one due to negligent medical care at a VA facility in California, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your family's rights. As a veteran's family member, you must first file an administrative claim using Standard Form 95 within two years of the date your loved one passed away or when you first discovered the negligence. This strict deadline is unforgiving - missing it can permanently bar your claim.

Once you submit your claim to the VA, the agency has six months to investigate and respond. During this waiting period, it's essential to gather medical records, expert opinions, and documentation of your damages. The VA can either accept your claim and offer a settlement, deny it outright, or fail to respond within six months. If denied or if no response is received, you have six months to file a federal lawsuit.

Having an attorney who is also a licensed medical doctor can significantly strengthen your case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical terminology, and effectively communicate with expert witnesses. Their dual expertise helps establish the critical link between the negligent care and your loved one's death, which is essential for FTCA claims.

Under California law and the FTCA, you may be entitled to various forms of compensation. These can include reimbursement for medical expenses leading up to death, funeral and burial costs, lost future income and benefits, and non-economic damages such as loss of companionship, guidance, and emotional support. In some cases, you may also recover damages for your loved one's pain and suffering before death.

If you believe your family member died due to VA medical negligence, don't wait to seek legal help. Many experienced FTCA attorneys offer free initial consultations to evaluate your case and explain your options. During this consultation, you can discuss the specific circumstances of your case, understand the strength of your claim, and learn about the next steps in the process. Remember, these cases are complex and time-sensitive - reaching out to a qualified attorney promptly can help ensure your rights are protected and increase your chances of securing fair compensation for your loss.

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

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