Colorado VA & Military Wrongful Death Malpractice Attorneys

Families trust Colorado's VA medical centers and military hospitals to save lives, not cause preventable deaths through medical negligence. Tragically, wrongful deaths at federal medical facilities occur when healthcare providers fail to meet basic standards of care, leaving families devastated and seeking answers.

Under Colorado law, wrongful death occurs when a person dies as the result of another individual's or entity's "wrongful act, negligence, or failure to act with reasonable care" (C.R.S. § 13-21-201). At the Archuleta Law Firm, our founding attorney is a licensed attorney and medical doctor. He understands how medical negligence causes preventable deaths and which standards of care were violated.

If your loved one died due to medical malpractice at a Colorado VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). Filing these claims requires knowledge of federal law and Colorado's wrongful death statutes because you file directly against the United States government.

• Failure to Diagnose Life-Threatening Conditions: When doctors miss critical diagnoses like heart attacks, strokes, or sepsis, patients die from treatable conditions. This constitutes malpractice when symptoms were present and a competent physician would have recognized the emergency.

• Medication Errors and Drug Interactions: Fatal overdoses, wrong medications, or dangerous drug combinations can kill patients within hours. These deaths are preventable through proper medication reconciliation and dosing protocols.

• Surgical Complications and Post-Operative Neglect: Surgical deaths may result from anesthesia errors, surgical mistakes, or failure to monitor patients for bleeding, infections, or blood clots.

• Emergency Room Delays and Misdiagnosis: Patients die from heart attacks, appendicitis, or other emergencies when emergency staff fails to triage or diagnose them.

• Nursing Negligence and Inadequate Monitoring: Failure to monitor vital signs, respond to alarms, or recognize deteriorating conditions can lead to preventable deaths, especially in intensive care units.

• Hospital-Acquired Infections: Deaths from preventable infections like MRSA, C. diff, or surgical site infections may be malpractice when proper infection control wasn't followed.

Our firm represents families in wrongful death cases at major Colorado federal medical facilities where preventable deaths have occurred due to medical negligence.

Major Colorado Federal Medical Facilities:

• Rocky Mountain Regional VA Medical Center (Aurora): Colorado's largest VA facility providing complex medical care where diagnostic errors and surgical complications can prove fatal birth injuries at military hospitals
• VA Eastern Colorado Health Care System (Denver): Serves thousands of veterans with multiple specialties where medication errors and emergency room negligence may lead to wrongful deaths
• Cheyenne Mountain Air Force Station Medical Facility (Colorado Springs): Military treatment facility where active duty personnel and families may face delayed diagnosis or inadequate emergency care
• Fort Carson Evans Army Community Hospital (Colorado Springs): Army medical center handling emergency trauma and complex surgeries where medical errors can be fatal
• Peterson Air Force Base Medical Clinic (Colorado Springs): Air Force facility where misdiagnosis of serious conditions may result in preventable deaths

View all Colorado VA & Military Facilities

• Patient complained of severe symptoms (chest pain, difficulty breathing, severe headache) that were dismissed or inadequately investigated before death
• Death occurred shortly after discharge from emergency room or hospital when patient sought care for concerning symptoms
• Patient died from a condition that should have been diagnosed during recent medical visits or hospital stays
• Multiple doctors disagreed about diagnosis or treatment, suggesting standard protocols were not followed
• Patient died from medication overdose, wrong medication, or known dangerous drug interactions
• Death occurred during or immediately after routine surgery that should carry low mortality risk
• Patient developed fatal hospital-acquired infection during extended stay
• Family was told "nothing could be done" but later learned other treatment options existed
• Medical records show gaps in monitoring, delayed test results, or failure to follow up on abnormal findings

Economic Damages

Colorado wrongful death law allows recovery for specific financial losses caused by your loved one's death:

• Lost lifetime earnings and benefits: The wages, salary, pension, and health insurance benefits the deceased would have earned over their expected working life
• Medical and funeral expenses: All medical bills related to the final illness or injury, plus funeral, burial, and memorial service costs
• Household services value: The monetary value of household tasks, childcare, and family support the deceased provided
• Lost inheritance: The money and assets the deceased would have accumulated and left to survivors
• Educational support: College tuition and educational expenses the deceased would have provided to children

Non-Economic Damages

Colorado law also compensates families for intangible losses:

• Pain and suffering of surviving family members
• Loss of companionship and consortium between spouses
• Loss of parental guidance and care for surviving children
• Emotional distress caused by the wrongful death
• Loss of protection and security the deceased provided to the family

Under Colorado's recent legislation (HB24-1472), non-economic damages in wrongful death cases are capped at $2.125 million effective January 1, 2025. This represents a significant increase from the previous cap of approximately $571,870. Starting January 1, 2028, this cap will adjust biennially based on inflation.

However, punitive damages are not subject to this cap and may be awarded in cases involving "fraud, malice, willful and wanton conduct, or reckless disregard for the health and safety of others." For FTCA claims, Colorado law specifies that "Colorado substantive law includes any applicable statutory monetary limitations on recovery," meaning the state damage cap applies to federal wrongful death cases.

Statute of Limitations The Federal Tort Claims Act requires wrongful death claims against the government to be filed within two years of the date of death (28 U.S.C. § 2401). Colorado's general wrongful death statute also provides a two-year deadline from the date of death (C.R.S. § 13-21-201). However, Colorado's discovery rule may apply in medical malpractice cases, potentially extending deadlines when malpractice was not immediately apparent.

Expert Witness Requirements Colorado requires medical expert testimony to establish the standard of care and prove how it was violated in wrongful death malpractice cases. The expert must be qualified in the same medical specialty and able to testify that the defendant's actions fell below accepted medical standards, directly causing the patient's death.

FTCA Administrative Requirements Before filing a lawsuit, families must first file an administrative claim with the appropriate federal agency (VA or Department of Defense). This claim must be filed within two years of the death and include specific documentation of the negligence and damages.

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, you have two years from the date of death to file an administrative claim with the government (28 U.S.C. § 2401). Colorado's wrongful death statute also provides a two-year deadline (C.R.S. § 13-21-201). Missing these deadlines typically bars your claim permanently.

Colorado allows recovery of economic damages (lost earnings, medical bills, funeral costs) and non-economic damages (pain and suffering, loss of companionship) up to $2.125 million effective January 2025. Punitive damages may also be available in cases involving willful misconduct or reckless disregard.

Colorado's $2.125 million cap applies only to non-economic damages like pain and suffering. Economic damages (lost wages, medical bills) have no cap, and punitive damages are also unlimited. For FTCA cases, Colorado law specifically states that federal claims are subject to state damage limitations.

You cannot sue individual military doctors personally. Instead, you must file an FTCA claim against the United States government. The government becomes responsible for the negligence of its employees, including military physicians and VA doctors.

Yes, Colorado requires qualified medical expert testimony to prove malpractice in wrongful death cases. The expert must practice in the same medical specialty and be able to testify that the defendant's care fell below accepted standards and caused the death.

FTCA wrongful death cases typically take 18-36 months from filing the administrative claim to resolution. Complex cases involving multiple medical issues or disputed causation may take longer. The government has six months to respond to administrative claims before you can file a lawsuit.

Under Colorado law (C.R.S. § 13-21-201), only the surviving spouse or designated beneficiary can file a wrongful death claim. If there is no spouse, the deceased's heirs may file. Children, parents, and other family members cannot file separate claims.

Colorado follows modified comparative negligence rules. If the deceased was partially responsible for their death, damages may be reduced by their percentage of fault. However, if they were 50% or more at fault, recovery may be barred entirely under Colorado law.

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

• 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 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 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 Wrongful Death victims. Our Colorado 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 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 Surgical Errors Cases
• Colorado Emergency Room Errors Cases
• Colorado 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 Colorado dealing with the devastating loss of a loved one due to medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to seek compensation, but you must act within strict timeframes to preserve your claim.

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. The VA then has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you have six months from that date to file a federal lawsuit. Missing these deadlines can permanently bar your ability to seek justice.

Having an attorney who is also a licensed medical doctor can be invaluable in these cases. Military medical malpractice cases often involve complex medical issues that require both legal and medical expertise to properly evaluate and present. A doctor-attorney can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with medical experts who may be crucial to your case.

Under the FTCA, you may be entitled to recover various damages, including medical expenses incurred before death, funeral and burial costs, loss of the deceased's future earnings and benefits, and loss of companionship. Colorado law also allows surviving family members to recover for the deceased's pain and suffering before death, as well as the emotional distress and grief experienced by the family.

If you believe your loved one's death resulted from negligent care at a VA facility, you shouldn't wait to explore your legal options. Many law firms specializing in military medical malpractice offer free, confidential case evaluations to help you understand your rights and the strength of your claim. During this consultation, an experienced attorney can review your situation, explain the FTCA process in detail, and help you determine the best path forward for your family. Remember, these cases are complex and time-sensitive - seeking professional legal guidance early can make a crucial difference in protecting your rights and securing the compensation your family deserves.

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

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