Connecticut VA & Military Surgical Errors Malpractice Attorneys

Veterans and military families trust Connecticut's VA medical centers and military hospitals to provide the same standard of care as civilian hospitals do. Unfortunately, surgical errors—including wrong-site surgery, retained surgical instruments, and post-operative complications—can occur even at federal medical facilities, sometimes with devastating consequences.

At the Archuleta Law Firm, our founding attorney brings a unique perspective to surgical error cases as both a licensed attorney and medical doctor. Our dual expertise helps us identify standard of care violations and build strong FTCA cases. With over $145 million recovered for clients nationwide, we understand the complex medical and legal issues that surgical error cases present.

If you or a loved one suffered harm due to a surgical error at a Connecticut VA or military facility, you have legal rights under the FTCA. Understanding these rights—and Connecticut's specific legal requirements—is crucial for protecting your ability to recover compensation for your injuries.

• Wrong-Site Surgery: When surgeons operate on the incorrect body part, organ, or side of the body due to inadequate pre-operative verification protocols. This represents a clear violation of universal surgical safety standards established by medical organizations.

• Retained Surgical Instruments: Leaving sponges, clamps, or other surgical tools inside a patient's body after surgery due to improper counting procedures or inadequate surgical team communication during the procedure.

• Anesthesia Errors: Administering incorrect dosages, failing to monitor patient vital signs during surgery, or neglecting to review patient medical history for drug allergies and contraindications before anesthesia administration.

• Post-Operative Infection: Failing to maintain sterile surgical environments, inadequate wound care protocols, or neglecting to prescribe appropriate prophylactic antibiotics when medically indicated for high-risk procedures.

• Surgical Technique Errors: Accidental damage to organs, blood vessels, or nerves during surgery due to inadequate surgical planning, poor visualization, or deviation from established surgical protocols and best practices.

• Inadequate Pre-Operative Planning: Failing to review imaging studies, patient medical history, or conduct proper surgical site marking, which can lead to preventable complications during the surgical procedure.

Our firm represents clients who suffered surgical errors at major VA and military medical facilities in Connecticut. These facilities handle complex surgical procedures where errors can have serious consequences for patients and their families.

VA Connecticut Healthcare System (West Haven): This major VA medical center provides comprehensive surgical services to Connecticut veterans, including general surgery, orthopedic procedures, and specialized surgical care.

Naval Submarine Medical Research Laboratory (Groton): While primarily a research facility, this naval installation provides medical care to submarine personnel and their families, including surgical procedures.

Connecticut National Guard Facilities: Various National Guard medical units throughout the state provide surgical and emergency medical care to service members during training and deployment preparation.

View all Connecticut VA & Military Facilities

• Surgery was performed on the wrong body part, organ, or side of the body
• You experienced unexpected complications that were not discussed as normal surgical risks
• Medical staff discovered surgical instruments, sponges, or other foreign objects left inside your body after surgery
• You developed severe infections at the surgical site that required additional hospitalization or treatment
• You suffered nerve damage, organ damage, or other injuries unrelated to the intended surgical procedure
• The surgical team failed to obtain proper informed consent or adequately explain the risks and alternatives
• You experienced anesthesia complications due to improper dosing, monitoring, or failure to review your medical history

Economic Damages

Connecticut surgical error victims can recover compensation for financial losses like medical care costs, lost wages, rehabilitation expenses, medical equipment, home healthcare, and transportation expenses.

Non-Economic Damages

Victims may also recover compensation for pain and suffering endured due to the surgical error and subsequent complications, loss of enjoyment of life and inability to participate in previously enjoyed activities, emotional distress, anxiety, and depression resulting from the medical trauma, disfigurement or scarring caused by the surgical error or corrective procedures, and loss of consortium affecting relationships with spouses and family members.

Connecticut-Specific Considerations

Connecticut does not cap medical malpractice awards, allowing full recovery of economic and non-economic damages. However, the Federal Tort Claims Act (28 U.S.C. § 2674) prohibits punitive damages against the federal government. Under Connecticut General Statutes § 52-572h, if the plaintiff contributed to their injuries, damages may be reduced; this rarely applies to surgical errors because the patient is under anesthesia and has no control over their medical care.

Statute of Limitations: Under the Federal Tort Claims Act (28 U.S.C. § 2401), all claims against VA and military hospitals must be filed within two years of discovering the injury. Connecticut's discovery rule may extend this deadline if the surgical error was not immediately apparent, such as when retained surgical instruments are discovered months or years later.

Expert Witness Requirements: Connecticut requires medical expert testimony in surgical error cases to establish the standard of care and prove that the defendant's actions fell below that standard. Under Connecticut General Statutes § 52-184c, expert witnesses must be qualified in the same specialty as the defendant physician and familiar with the applicable standard of care.

Administrative Requirements: Before filing a lawsuit, claimants must first file an administrative claim using Standard Form 95 with the appropriate federal agency. This administrative process can take six months to two years before a lawsuit may be filed in federal court.

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

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 administrative claim. Connecticut's discovery rule may extend this deadline if the error was not immediately apparent, such as retained surgical instruments discovered during later medical procedures.

Connecticut allows recovery of both economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress) without statutory caps. However, punitive damages cannot be recovered under the FTCA (28 U.S.C. § 2674).

No, under the FTCA, you can only sue the United States government, not individual doctors or nurses. The Westfall Act provides immunity to federal employees acting within the scope of their employment, making the government the sole defendant in these cases.

Yes, Connecticut General Statutes § 52-184c requires qualified medical expert testimony to establish the standard of care and prove negligence in surgical error cases. The expert must be familiar with the applicable medical standards and typically must practice in the same specialty.

FTCA cases typically take 2-4 years to resolve, including the mandatory administrative claim period (6 months to 2 years) and federal court litigation if the administrative claim is denied or ignored by the government.

The FTCA only covers negligence by federal employees, not independent contractors. If your surgery was performed by a contractor at a federal facility, different legal theories may apply, and you should consult with an experienced FTCA attorney immediately.

Recent changes to the National Defense Authorization Act have created limited exceptions to the Feres Doctrine, allowing some active duty personnel to file claims for medical malpractice. The specific circumstances of your case will determine whether you can pursue a claim.

Essential evidence includes all medical records from the procedure and subsequent treatment, operative reports and surgical notes, correspondence with medical providers about complications, photographs of injuries or scarring, and documentation of financial losses. Obtaining this evidence quickly is crucial for building a strong case.

When you or a loved one has suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications at a Connecticut 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.

• Connecticut FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Connecticut 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 Connecticut, 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 Connecticut 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 Connecticut Surgical Errors victims. Our Connecticut 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 Connecticut 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.

Connecticut VA Malpractice Information

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

Other Connecticut Case Types We Handle

• Connecticut Emergency Room Errors Cases
• Connecticut Brain Injury Cases
• Connecticut 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 Connecticut, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation for medical malpractice, but you must follow strict procedural requirements and deadlines.

You have two years from the date you discovered (or reasonably should have discovered) the surgical error to file an administrative claim with the VA using Standard Form 95. This is a critical deadline - missing it can permanently bar your claim. Once you file, the VA has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

For surgical error cases, 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 medical experts. They can determine whether proper surgical protocols were followed and identify exactly where errors occurred during your procedure.

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. For veterans in Connecticut, this can include costs of corrective surgeries, rehabilitation expenses, medical equipment, and long-term care needs. Unlike many state medical malpractice claims, FTCA cases have no cap on damages.

If you believe you've been harmed by a surgical error at a VA facility, it's essential to have your case evaluated as soon as possible. Many attorneys who handle VA medical malpractice cases offer free initial consultations and work on a contingency fee basis, meaning you pay nothing unless they recover compensation for you. During this evaluation, an experienced attorney can review your medical records, assess the strength of your claim, and explain your legal options under the FTCA.

Don't let uncertainty about the legal process prevent you from seeking the compensation you deserve. Contact a qualified attorney today for a confidential, no-cost evaluation of your surgical error claim.

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

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