Delaware VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and military families trust Delaware's VA medical centers and military treatment facilities to provide safe, competent care. Tragically, medical negligence during surgery, emergency care, or routine procedures can result in catastrophic spinal cord injuries that leave patients permanently paralyzed or with severe neurological deficits.

According to the National Spinal Cord Injury Statistical Center, approximately 17,810 new spinal cord injury cases occur annually in the United States, with medical malpractice accounting for a significant percentage of these preventable injuries. Our founding attorney's dual expertise as both a licensed attorney and medical doctor offers unique insight into spinal cord injury cases and medical standards.

If you or a loved one suffered a spinal cord injury due to negligent medical care at a Delaware VA hospital or military treatment facility, the Federal Tort Claims Act (FTCA) gives you legal rights. Understand these rights and Delaware's legal requirements to get compensation for lifelong care and rehabilitation.

• Surgical Errors During Spinal Procedures: Improper technique during spinal fusion, laminectomy, or disc surgery can directly damage the spinal cord or nerve roots, resulting in permanent paralysis below the injury site.

• Failure to Stabilize Trauma Patients: Improper immobilization of patients with suspected spinal injuries by ER staff can turn treatable conditions into permanent disabilities.

• Delayed Diagnosis of Spinal Compression: When medical staff fail to recognize and treat conditions like spinal hematomas, abscesses, or tumors that compress the spinal cord, the resulting delay can cause irreversible neurological damage.

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

• Post-Operative Monitoring Failures: Inadequate monitoring after spinal surgery can allow complications like bleeding, infection, or hardware failure to progress undetected, causing secondary spinal cord injury that proper oversight would have prevented.

• Improper Patient Positioning: Negligent positioning during lengthy surgeries or procedures can cause compression injuries to the spinal cord, particularly in vulnerable patients with pre-existing spinal conditions.

We represent spinal cord injury victims at major federal medical facilities throughout Delaware where complex procedures and emergency care create the highest risk for negligent injuries.

Wilmington VA Medical Center - This primary VA facility in northern Delaware provides comprehensive medical services including neurosurgery and emergency care where spinal cord injuries frequently occur due to surgical complications or inadequate trauma protocols.

Dover Air Force Base Medical Facility - As Delaware's primary military treatment facility, this base hospital handles emergency trauma cases and surgical procedures where improper spinal stabilization or surgical errors can result in catastrophic cord injuries.

Delaware National Guard Medical Facilities - Military personnel receiving care at Guard facilities may suffer spinal injuries due to inadequate emergency protocols or substandard surgical care during routine procedures.

View all Delaware VA & Military Facilities

• Sudden onset of paralysis or weakness immediately following a medical procedure - particularly after spinal surgery, epidural injection, or emergency room treatment
• Loss of sensation or motor function that was not discussed as a likely surgical risk - especially when pre-operative consent forms did not adequately warn of spinal cord injury potential
• Delayed recognition of spinal cord compression symptoms - such as progressive weakness, bowel/bladder dysfunction, or severe back pain that medical staff dismissed or failed to investigate promptly
• Incomplete neurological assessment after trauma - when emergency room staff failed to perform proper spinal imaging or neurological testing despite clear indicators of potential spinal injury
• Post-surgical complications that went unrecognized - including spinal hematomas, infections, or hardware failures that caused secondary cord damage due to inadequate monitoring
• Medication errors affecting spinal function - particularly epidural or intrathecal injections administered incorrectly or in wrong concentrations
• Failure to maintain spinal precautions - when medical staff allowed patient movement or positioning that worsened an existing spinal injury

Economic Damages

Spinal cord injury cases typically involve substantial economic losses that continue throughout the patient's lifetime. These may include lifetime medical care costs ranging from $1.1 million to $4.7 million depending on injury severity, according to the National Spinal Cord Injury Statistical Center. Economic damages include specialized rehabilitation, adaptive equipment, home modifications, attendant care, lost earning capacity, transportation modifications (wheelchair-accessible vehicles), and lifetime prescriptions and medical supplies.

Non-Economic Damages

The profound personal impact of spinal cord injuries extends far beyond financial costs. Non-economic damages cover pain and suffering from the injury and complications, loss of enjoyment of activities, emotional distress (depression/anxiety related to disability), loss of independence, and loss of consortium affecting relationships.

Delaware-Specific Considerations

Under Delaware's medical malpractice statute (Del. Code Title 18, § 6801 et seq.), there is no statutory cap on damages for medical malpractice cases. However, since FTCA claims are filed against the federal government rather than individual practitioners, Delaware's state damage limitations do not directly apply. Federal courts hearing FTCA cases typically apply the substantive law of the state where the injury occurred, meaning Delaware's favorable unlimited damages rule may benefit spinal cord injury victims. The Federal Tort Claims Act (28 U.S.C. § 2674) allows recovery of damages according to state law, potentially permitting full compensation for both economic and non-economic losses without artificial caps.

Statute of Limitations

The Federal Tort Claims Act (28 U.S.C. § 2675) requires that administrative claims be filed within two years after the claim accrues. For spinal cord injury cases, this deadline begins when the injured person becomes aware of both the injury and its connection to medical care, not necessarily when negligence is discovered. Delaware's discovery rule may extend this timeframe in cases where the full extent of spinal cord damage was not immediately apparent, particularly in cases involving progressive neurological deterioration.

### Expert Witness Requirementsrements

Under Delaware law (Del. Code Title 10, § 8123), medical malpractice cases require expert testimony from qualified medical professionals to establish the standard of care and demonstrate how it was breached. For spinal cord injury cases, this typically requires testimony from neurologists, neurosurgeons, or other specialists familiar with spinal cord treatment protocols. The expert must be licensed to practice medicine and have specific experience treating conditions similar to those involved in the case.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date you discovered or reasonably should have discovered your spinal cord injury and its connection to medical negligence to file an administrative claim. Delaware's general two-year personal injury statute of limitations (Del. Code Title 10, § 8119) is superseded by federal FTCA requirements for claims against VA and military facilities.

Delaware does not impose damage caps on medical malpractice cases under Del. Code Title 18, § 6801 et seq., which benefits FTCA claimants since federal courts apply state substantive law. You may recover full compensation for medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and other damages without artificial limitations that exist in some other states.

Delaware's lack of statutory damage caps under state medical malpractice law works in favor of spinal cord injury victims. Since FTCA cases apply state substantive law for damages (28 U.S.C. § 2674), Delaware's unlimited damages rule allows full compensation for the catastrophic losses associated with permanent spinal cord injuries.

No, you cannot sue individual military doctors or VA physicians personally. Under the Federal Tort Claims Act, your claim must be filed against the United States government as the employer of the negligent medical staff. This actually provides advantages including guaranteed payment ability and standardized federal procedures.

Yes, Delaware requires expert medical testimony in malpractice cases under Del. Code Title 10, § 8123. For spinal cord injury cases, you need qualified experts in neurology, neurosurgery, or related specialties who can testify about the standard of care and how it was breached in your specific case.

FTCA cases typically take 18-36 months from initial filing to resolution. The process includes a mandatory six-month administrative review period, followed by potential federal court litigation if the claim is denied. Spinal cord injury cases often take longer due to their complexity and the need for extensive medical documentation and expert testimony.

Delaware's discovery rule may protect your right to file a claim even if spinal cord injury symptoms developed months after the negligent medical care. The two-year FTCA deadline begins when you knew or should have known that your progressive neurological symptoms were related to substandard medical treatment, not necessarily when the original procedure occurred.

Yes, Delaware law allows spouses and family members to recover loss of consortium damages when a loved one suffers catastrophic injuries like spinal cord damage. These damages compensate for the loss of companionship, support, and intimate relationships that result from permanent disability caused by medical negligence.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Delaware 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.

• Delaware FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Delaware 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 Delaware, 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.

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

Delaware VA Malpractice Information

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

Other Delaware Case Types We Handle

• Delaware Surgical Errors Cases
• Delaware Emergency Room Errors Cases
• Delaware Brain Injury Cases

Spinal Cord Injury Resources

• Spinal Cord Injury Lawyers (Nationwide) - General Spinal Cord Injury 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 dealing with a spinal cord injury in Delaware, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial for securing the compensation you deserve. The FTCA allows you to seek damages when negligent medical care at a VA facility or military hospital results in serious injuries like spinal cord trauma.

It's essential to know that 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 using Standard Form 95. Once you submit this claim, the federal agency has six months to respond. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals understand both the complex medical aspects of spinal cord injuries and the legal intricacies of FTCA claims. They can effectively analyze medical records, identify deviations from the standard of care, and articulate how these failures led to your injury in terms that both judges and jury members can understand.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, rehabilitation costs, necessary home modifications, lost wages, and reduced earning capacity. You can also seek compensation for pain and suffering, loss of enjoyment of life, and emotional distress. For military families, this can include compensation for the impact on your relationship with your spouse and children.

Don't let uncertainty about the legal process prevent you from seeking the compensation you need. Most experienced FTCA attorneys offer free initial consultations to evaluate your case and explain your options. During this consultation, they can assess whether you have a viable claim and explain how they can help navigate the complex FTCA process. Time is critical in these cases, so it's important to reach out as soon as possible to ensure your rights are protected and you meet all required deadlines.

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

• Delaware Surgical Errors Cases
• Delaware Emergency Room Errors Cases
• Delaware Brain Injury Cases
• Delaware Misdiagnosis Cases
• Delaware Medication Errors Cases
• Delaware Wrongful Death Cases