Colorado VA & Military Surgical Errors Malpractice Attorneys

When veterans and military families receive surgical care at Colorado's VA medical centers and military hospitals, they trust these federal facilities to provide safe, competent treatment. Unfortunately, surgical errors at these institutions can result in devastating complications, permanent disabilities, and even death. These preventable mistakes represent serious violations of the medical standard of care.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor, bringing a unique perspective to surgical error cases. This dual expertise allows us to understand both the legal and medical complexities of surgical negligence cases. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act (FTCA) cases, we have the knowledge and resources to hold the federal government accountable.

If you or a loved one suffered harm from surgical errors at a Colorado VA or military facility, you have legal rights under the Federal Tort Claims Act. To secure the compensation you deserve for medical negligence by federal healthcare providers, you must understand your rights and Colorado's legal requirements.

• Wrong-Site Surgery: Operating on the wrong body part, organ, or surgical site is a fundamental breach of surgical and patient safety standards and should never happen.

• Retained Surgical Instruments: Leaving surgical tools inside a patient indicates serious failures in counting and communication, which is clear negligence.

• Anesthesia Errors: Mistakes during anesthesia, such as incorrect dosages, failure to monitor vital signs, or neglecting patient allergies, can cause brain damage, organ failure, or death.

• Inadequate Pre-Operative Planning: Failing to review patient medical history, conduct proper imaging studies, or plan surgical approach demonstrates negligent preparation that falls below accepted medical standards.

• Post-Operative Care Failures: Neglecting to monitor patients for complications, missing signs of infection, or failing to provide appropriate follow-up care can transform minor issues into life-threatening conditions.

• Communication Breakdowns: Poor team coordination, inadequate handoffs, and documentation failures create dangerous care gaps that lead to preventable errors.

Our firm represents surgical error victims at major VA medical centers and military treatment facilities throughout Colorado. These large medical institutions perform complex surgical procedures where negligence can have devastating consequences.

• Rocky Mountain Regional VA Medical Center (Aurora): This major VA medical center serves veterans throughout the Rocky Mountain region and performs high-volume surgical procedures where errors in communication or technique can cause serious harm.

• Cheyenne Mountain Air Force Station (Colorado Springs): Military personnel and families receive surgical care at this facility where staffing challenges and high patient volumes can contribute to preventable surgical mistakes.

• Fort Carson Evans Army Community Hospital (Colorado Springs): This military treatment facility serves active duty personnel and their families, performing emergency and elective surgeries where negligent care can result in permanent disabilities.

• Fitzsimons Army Medical Center (Aurora): Located adjacent to the VA medical center, this military facility provides surgical services where coordination failures and inadequate supervision can lead to serious patient harm.

View all Colorado VA & Military Facilities

• Surgery performed on wrong body part, organ, or surgical site despite pre-operative verification procedures
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body after surgery
• Unexpected complications that required additional emergency surgeries to correct preventable mistakes
• Severe infections that developed due to non-sterile surgical conditions or inadequate post-operative monitoring
• Anesthesia awareness during surgery or complications from incorrect anesthesia administration
• Nerve damage, paralysis, or loss of function that was not discussed as a potential risk of your procedure
• Surgical team appeared confused about your procedure, medical history, or surgical plan during pre-operative discussions

Economic Damages

Colorado surgical error victims can recover economic damages for lifetime medical care, lost wages, rehabilitation costs, home modifications, and specialized medical equipment needed after negligent surgery. These economic damages often reach hundreds of thousands of dollars in severe surgical error cases.

Non-Economic Damages

Colorado law allows recovery for non-economic damages including physical pain and suffering caused by surgical errors and subsequent corrective procedures, emotional distress and psychological trauma from unexpected complications and medical negligence, loss of enjoyment of life and inability to participate in activities you previously enjoyed, and impact on family relationships and quality of life due to permanent disabilities.

Colorado-Specific Considerations

Under Colorado law, damage caps may apply to certain types of cases, but Federal Tort Claims Act cases against the U.S. government follow federal damage calculation rules rather than state limitations. Colorado Revised Statutes Section 13-64-302 establishes damage caps for some medical malpractice cases, but FTCA claims are governed by federal law which may provide different damage recovery options. The interaction between state and federal damage rules requires careful legal analysis to ensure maximum compensation for surgical error victims.

Statute of Limitations: The Federal Tort Claims Act requires filing within two years of discovering the surgical error under 28 U.S.C. § 2401(b). Colorado's discovery rule may affect when this limitation period begins, particularly in cases where retained surgical instruments or other errors are discovered months or years after surgery.

Expert Witness Requirements: Colorado requires medical expert testimony to establish the standard of care and prove negligence in surgical error cases. Under Colorado Rules of Evidence, these experts must be qualified in the same medical specialty as the defendant healthcare provider and familiar with accepted surgical practices.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date you discovered or reasonably should have discovered the surgical error to file your claim. Colorado's discovery rule may extend this period if the error was not immediately apparent, such as with retained surgical instruments.

You may recover economic damages including medical expenses, lost wages, and rehabilitation costs, plus non-economic damages for pain and suffering. Since FTCA cases are governed by federal law rather than Colorado damage caps, the compensation available may differ from state medical malpractice cases.

Colorado's damage caps under C.R.S. § 13-64-302 generally do not apply to Federal Tort Claims Act cases against VA or military hospitals. Federal law governs damage calculations in FTCA cases, which may provide different recovery options than state medical malpractice claims.

No, you cannot sue individual military or VA doctors personally. Under the Federal Tort Claims Act, your claim must be filed against the United States government, which assumes liability for the negligent acts of federal healthcare employees acting within their scope of employment.

Yes, Colorado requires qualified medical expert testimony to prove surgical negligence. The expert must be familiar with the applicable standard of care and able to explain how the surgical error fell below accepted medical practices.

FTCA surgical error cases typically take 12-24 months or longer depending on case complexity and the government's response. The process includes administrative claim filing, investigation, potential settlement negotiations, and possible federal court litigation if settlement cannot be reached.

Military treatment facility cases follow the same FTCA procedures as VA hospital cases. Recent changes under the National Defense Authorization Act may provide additional options for certain active duty service members who previously could not file malpractice claims.

Yes, if surgical errors resulted in death, eligible family members can file wrongful death claims under the FTCA. Colorado's wrongful death statute may influence damage calculations, but federal law ultimately governs these claims against military and VA facilities.

When you or a loved one has suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications 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 Surgical Errors 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 Surgical Errors 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 Surgical Errors takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications 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 Surgical Errors victims. Our Colorado Surgical Errors 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.

Colorado VA Malpractice Information

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

Other Colorado Case Types We Handle

• Colorado Emergency Room Errors Cases
• Colorado Brain Injury Cases
• Colorado Spinal Cord Injury Cases

Surgical Errors Resources

• Surgical Errors Lawyers (Nationwide) - General Surgical Errors 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 who has experienced a surgical error at a VA facility in Colorado, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at a VA facility causes harm, but you must follow strict timelines and procedures.

You have two years from the date you discovered (or reasonably should have discovered) the injury to file an administrative claim using Standard Form 95. This initial claim must be filed with the Department of Veterans Affairs before any lawsuit can proceed. Once you submit your claim, the VA has six months to investigate and respond. If the VA denies your claim or fails to respond within six months, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor can significantly strengthen your surgical error case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their unique combination of medical and legal expertise allows them to build stronger cases and maximize your potential compensation.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. If you're a veteran who can no longer work due to a surgical error, you may also recover long-term disability benefits. Family members may be entitled to compensation for loss of support and companionship.

Don't let confusion about the complex FTCA process prevent you from seeking the compensation you deserve. Many veterans' rights attorneys offer free initial consultations to evaluate your case and explain your options. During this consultation, an experienced attorney can review your medical records, assess the strength of your claim, and help you understand the potential value of your case. Time is critical in these cases, so it's important to seek legal guidance as soon as possible to protect your rights and ensure compliance with FTCA deadlines.

To learn more about your legal options and begin the process of filing an FTCA claim, contact a qualified veterans' medical malpractice attorney in Colorado for a free, confidential case evaluation. Your service and sacrifice deserve nothing less than excellent medical care, and you have the right to seek justice when that standard isn't met.

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

• Colorado Emergency Room Errors Cases
• Colorado Brain Injury Cases
• Colorado Spinal Cord Injury Cases
• Colorado Misdiagnosis Cases
• Colorado Medication Errors Cases
• Colorado Wrongful Death Cases