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Military & VA Medical Malpractice

Colorado VA & Military Spinal Cord Injury Malpractice Attorneys

Experienced attorneys helping military families recover maximum compensation for spinal cord injury at Colorado military hospitals.

$145M+
Recovered
25+
Years Experience
MD/JD
Doctor-Attorney
$0
Until We Win

Veterans and active-duty service members trust Colorado VA medical centers and military hospitals to provide competent, life-saving treatment. Unfortunately, medical negligence during surgeries, emergency care, or routine procedures can cause catastrophic spinal cord injuries, permanently altering lives and leaving families facing overwhelming medical expenses and lost income.

According to the National Spinal Cord Injury Statistical Center, approximately 17,810 new spinal cord injuries occur annually in the United States, with medical malpractice being a preventable cause in many cases. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—providing us with unique medical expertise to understand the complex standards of care that govern spinal cord injury prevention and treatment at federal facilities.

If you or a loved one suffered a spinal cord injury due to negligence at a Colorado VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand these rights and Colorado's legal requirements to secure compensation for lifelong care and rehabilitation.

What Causes Spinal Cord Injury at Colorado Military & VA Hospitals?

  • Surgical Errors During Spinal Procedures: When surgeons fail to follow proper protocols during spinal fusion, laminectomy, or other spine surgeries, they can directly damage the spinal cord or surrounding nerves. This includes improper instrument placement, failure to maintain sterile conditions leading to infection, or inadequate pre-surgical planning.

  • Delayed Diagnosis of Spinal Cord Compression: Emergency room physicians and attending doctors violate the standard of care if they fail to recognize signs of spinal cord compression from tumors, abscesses, or hematomas. Time-sensitive conditions like cauda equina syndrome require immediate intervention to prevent permanent paralysis.

  • Improper Patient Positioning During Surgery: Anesthesiologists and surgical staff must carefully position patients during lengthy procedures to avoid hyperextension or excessive pressure on the spine. Failure to use proper supports or monitor positioning can cause ischemic injury to the spinal cord.

  • Medication Errors Affecting Spinal Function: Incorrect dosing of medications, particularly during spinal anesthesia or epidural injections, can cause direct chemical damage to spinal cord tissue or create dangerous drops in blood pressure that compromise spinal cord perfusion.

  • Failure to Stabilize Trauma Patients: Emergency medical staff who fail to properly immobilize or transport patients with suspected spinal injuries can turn partial injuries into complete paralysis.

  • Post-Operative Monitoring Failures: Medical staff must closely monitor for signs of complications like epidural hematomas or infections after spinal surgeries. Failure to recognize and respond to neurological changes can allow treatable complications to progress to permanent spinal cord damage.

Colorado Facilities Where We Handle Spinal Cord Injury Cases

We represent clients who suffered spinal cord injuries at major VA medical centers and military treatment facilities throughout Colorado:

  • VA Eastern Colorado Health Care System (Denver): This major medical center performs complex spinal surgeries and emergency trauma care birth injuries where positioning errors, surgical mistakes, or delayed diagnosis can cause devastating spinal cord injuries.

  • Cheyenne Mountain Air Force Station Medical Facility (Colorado Springs): Military personnel receiving care at this facility may suffer spinal cord injuries due to improper emergency trauma protocols or medication errors during procedures.

  • Fort Carson Evans Army Community Hospital (Colorado Springs): As a major military medical center serving active-duty personnel, spinal cord injuries can occur during surgical procedures, emergency care, or through failure to properly diagnose spinal cord compression.

  • Fitzsimons Army Medical Center (Aurora): This facility handles complex medical cases where surgical errors, anesthesia complications, or post-operative monitoring failures can result in permanent spinal cord damage.

View all Colorado VA & Military Facilities

Warning Signs: Is Your Spinal Cord Injury Medical Malpractice?

  • Your spinal cord injury occurred during what should have been a routine procedure with minimal risk of neurological complications
  • Medical staff failed to obtain proper imaging (MRI or CT scans) before performing spinal procedures despite presenting symptoms
  • You experienced sudden onset of paralysis or numbness immediately following a medical procedure or injection
  • Hospital staff delayed responding to your complaints of severe back pain, loss of sensation, or inability to move extremities
  • Your medical records show gaps in monitoring or documentation during critical periods of your care
  • Multiple medical professionals expressed surprise at your injury or suggested it was "unexpected" given your condition
  • You developed spinal cord complications after staff failed to follow standard infection control protocols
  • Emergency room physicians discharged you despite neurological symptoms that later worsened into permanent spinal cord damage

Damages Available in Colorado Spinal Cord Injury Cases

Economic Damages

Colorado spinal cord injury victims can recover lifetime medical care costs averaging $1.1 to $4.7 million, based on injury severity. Specific recoverable costs include specialized rehabilitation therapy, adaptive equipment like wheelchairs and mobility devices, home modifications including ramps and accessible bathrooms, ongoing attendant care services, lost wages and diminished earning capacity, and transportation modifications for wheelchair accessibility.

Non-Economic Damages

Colorado law allows recovery for pain and suffering endured due to the spinal cord injury, loss of enjoyment of life and inability to participate in previously enjoyed activities, emotional distress and depression commonly associated with paralysis, loss of consortium affecting relationships with spouses and family members, and loss of bodily function and independence in daily activities.

Colorado-Specific Considerations

Under the Federal Tort Claims Act (28 U.S.C. § 2674), damages are determined by the law of the state where the injury occurred. Colorado does not impose damage caps on medical malpractice cases, unlike many other states, meaning spinal cord injury victims can recover their full economic and non-economic losses. However, FTCA claims cannot include punitive damages regardless of state law. Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111, meaning recovery is reduced by your percentage of fault but not barred unless you are more than 50% at fault.

Statute of Limitations: Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file an administrative claim within two years from the date of injury or when you reasonably should have discovered the injury. Colorado's discovery rule may apply in cases where the full extent of spinal cord damage was not immediately apparent, but federal law governs the ultimate deadline for FTCA claims.

Expert Witness Requirements: Colorado requires a certificate of review under C.R.S. § 13-20-602 for medical malpractice cases, which must be filed within 60 days of the defendant's answer. Your attorney must obtain a written opinion from a qualified medical expert stating that the case has merit and that the standard of care was breached. For spinal cord injury cases, this typically requires testimony from neurologists, orthopedic spine surgeons, or other specialists familiar with spinal cord treatment protocols.

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

Frequently Asked Questions: Colorado Spinal Cord Injury Cases

What is the statute of limitations for spinal cord injury claims in Colorado?

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date of injury or discovery to file an administrative claim against the government. Colorado's state statute of limitations does not apply to FTCA cases, but the discovery rule may extend the deadline if the full extent of your spinal cord injury was not immediately apparent.

What damages can I recover for a spinal cord injury in Colorado?

Colorado law allows recovery of all economic damages including lifetime medical care, rehabilitation, equipment, and lost wages, plus non-economic damages for pain and suffering and loss of enjoyment of life. Since Colorado has no damage caps on medical malpractice cases, spinal cord injury victims can recover their full losses, though punitive damages cannot be recovered under the FTCA.

How do Colorado damage caps affect my spinal cord injury case?

Colorado does not impose damage caps on medical malpractice cases, making it more favorable than many states for catastrophic injury victims. This means spinal cord injury victims can recover their full economic and non-economic losses. However, since your case is filed under the Federal Tort Claims Act against the government, you cannot recover punitive damages regardless of Colorado law.

Can I sue a military doctor directly for my spinal cord injury in Colorado?

No, you cannot sue individual military doctors or VA physicians directly. Under the Federal Tort Claims Act, your claim must be filed against the United States government, and the individual healthcare providers are immune from personal liability when acting within their official duties.

Do I need a Colorado medical expert for my spinal cord injury case?

Yes, Colorado requires a certificate of review from a qualified medical expert under C.R.S. § 13-20-602. For spinal cord injury cases, you need testimony from specialists like neurologists or orthopedic spine surgeons who can explain how the standard of care was violated and directly caused your injury.

How long does a Colorado spinal cord injury case take?

FTCA cases typically take 18-36 months from initial filing to resolution. The process begins with a six-month administrative review period, followed by federal court litigation if the claim is denied. Spinal cord injury cases often take longer due to the need for extensive medical documentation and life care planning.

What if my spinal cord injury occurred at a Colorado military base?

Military treatment facility cases follow the same FTCA process as VA hospital cases. Recent changes under the National Defense Authorization Act may allow certain active-duty claims that were previously barred, so it's important to have your case evaluated by an attorney experienced in military medical malpractice law.

Can family members recover damages for my spinal cord injury in Colorado?

Yes, spouses can recover damages for loss of consortium under Colorado law, and family members who provide care may recover compensation for their services. If the spinal cord injury results in death, Colorado's wrongful death statute (C.R.S. § 13-21-202) allows recovery by surviving family members.

Why Choose the Archuleta Law Firm for Your Colorado Spinal Cord Injury Case?

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Colorado 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 Spinal Cord Injury 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 Spinal Cord Injury cases.

  • Colorado FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Colorado 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 Colorado, with dedicated knowledge of federal medical malpractice law.

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

Free Case Evaluation: Colorado Spinal Cord Injury Cases

If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Colorado 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 Colorado Spinal Cord Injury victims. Our Colorado Spinal Cord Injury 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 Colorado 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.

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Understanding Your FTCA Rights

As a veteran or military family member dealing with a spinal cord injury in Colorado, you need to understand your rights under the Federal Tort Claims Act (FTCA) when seeking compensation for medical negligence at VA facilities or military hospitals. The FTCA has strict deadlines you must follow - you have two years from the date of injury or when you reasonably should have discovered the injury to file your administrative claim. Once you submit your claim using Standard Form 95, the federal agency has six months to respond before you can file a lawsuit in federal court.

For spinal cord injury cases, having an attorney who is also a medical doctor can be invaluable to your case. These complex injuries require deep medical knowledge to prove both negligence and causation. A doctor-attorney can better interpret medical records, identify deviations from the standard of care, and effectively communicate with your treating physicians. They can also better understand the long-term implications of your injury and ensure all future medical needs are accounted for in your claim.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, home modifications, adaptive equipment, and compensation for pain and suffering. For veterans with spinal cord injuries, these damages often include specialized medical care, rehabilitation services, personal assistance services, and mobility equipment. Unlike many state laws, the FTCA has no cap on damages in Colorado, though punitive damages are not allowed.

Time is critical in these cases, both for preserving evidence and meeting FTCA deadlines. Our team offers free, confidential case evaluations for veterans and military families affected by spinal cord injuries. We can review your medical records, explain your legal options, and help determine if you have a valid FTCA claim. You've served our country - now let us serve you by ensuring you receive the compensation you deserve for your injury. Contact us today to speak with an experienced doctor-attorney who understands both the medical and legal aspects of spinal cord injury cases.

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

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Why Choose Our Firm

  • Doctor-Attorney on staff (MD/JD)
  • $145M+ recovered for clients
  • 25+ years of experience
  • No fee unless we win
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