Florida VA & Military Surgical Errors Malpractice Attorneys

When veterans and military families undergo surgery at Florida's VA medical centers and military hospitals, they trust these facilities to provide safe, competent surgical care. Unfortunately, preventable surgical errors continue to occur, leaving patients with additional injuries, prolonged recovery times, and sometimes permanent disabilities that could have been avoided with proper medical care.

Florida Statutes § 766.102 states that finding surgical equipment left inside a patient's body automatically establishes evidence of negligence. Our founding attorney is both a licensed attorney and a medical doctor, giving us unique insight into surgical malpractice violations.

If you or a loved one suffered harm from a surgical error at a Florida VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). Our firm has recovered over $145 million for clients in FTCA cases, and we understand the specific legal requirements for pursuing surgical error claims against the U.S. government in Florida.

• Wrong-Site Surgery: Operating on the incorrect body part, organ, or surgical site represents a complete breakdown in pre-operative verification protocols. These "never events" are entirely preventable through proper patient identification and surgical site marking procedures.

• Retained Surgical Instruments: Leaving sponges, clamps, forceps, or other surgical equipment inside a patient's body after surgery violates basic surgical counting protocols and constitutes clear evidence of negligence under Florida law.

• Anesthesia Errors: Improper dosing, failure to monitor vital signs, or inadequate pre-operative assessment can lead to brain damage, cardiac arrest, or death. Anesthesiologists must continuously monitor patients and respond appropriately to changes in condition.

• Post-Operative Monitoring Failures: If surgical complications, infections, or bleeding are not recognized and treated promptly after surgery, minor issues can become life-threatening emergencies.

• Inadequate Surgical Planning: Proceeding with surgery without proper pre-operative imaging, consultation, or assessment of patient risk factors demonstrates a failure to meet the standard of care expected of competent surgeons.

• Communication Breakdowns: Communication failures between surgical teams and poor documentation often cause harmful errors during surgery.

Our firm represents surgical error victims at major VA medical centers and military treatment facilities throughout Florida. These large medical facilities perform thousands of surgical procedures annually, and when errors occur, patients deserve experienced legal representation.

• James A. Haley Veterans' Hospital, Tampa: As one of Florida's largest VA medical centers, this facility performs complex surgeries where errors in communication or surgical technique can have devastating consequences.

• Malcom Randall VA Medical Center, Gainesville: This teaching hospital's surgical departments handle high-risk procedures where inadequate supervision or training can lead to preventable errors.

• Naval Hospital Jacksonville: Military personnel and their families receive surgical care at this major naval medical facility, where surgical errors can affect active-duty readiness and family welfare.

• MacDill Air Force Base Medical Clinic, Tampa: While primarily outpatient, surgical procedures performed here must meet the same standards of care as larger facilities.

View all Florida VA & Military Facilities

• Unexpected return to surgery shortly after your initial procedure to address complications or "complete" the original surgery
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body after surgery
• Surgery performed on the wrong body part, wrong organ, or wrong surgical site
• Severe infections that develop after surgery due to inadequate sterile technique or post-operative care
• Anesthesia complications that result in brain damage, cardiac arrest, or prolonged unconsciousness
• Surgical incisions that heal poorly, reopen, or show signs of inadequate closure technique
• Post-operative complications that medical staff failed to recognize, monitor, or treat appropriately
• Nerve damage or paralysis that occurs during surgery due to improper positioning or surgical technique

Economic Damages

Florida surgical error victims can recover compensation for measurable financial losses including corrective surgery costs that can range from $50,000 to $500,000 depending on complexity, lifetime medical care and rehabilitation expenses, lost wages during extended recovery periods, reduced earning capacity if the error causes permanent disability, prescription medications and medical equipment costs, and home healthcare or nursing care expenses during recovery.

Non-Economic Damages

Patients also suffer intangible losses including physical pain and suffering from additional procedures and extended recovery, emotional distress and anxiety about future medical care, loss of enjoyment of life activities that the error prevents you from participating in, disfigurement or scarring from corrective procedures, and impact on family relationships and quality of life.

Florida-Specific Considerations birth injury claims

Under Florida Statutes § 766.118, damage caps typically apply to medical malpractice cases, but FTCA claims are governed by federal law rather than state damage limitations. However, Florida's comparative fault rules under Florida Statutes § 768.81 may still apply to reduce damages if the patient contributed to their injuries. The interaction between federal FTCA procedures and Florida state law requires careful analysis by attorneys experienced in both areas of law.

Statute of Limitations: The Federal Tort Claims Act requires filing within two years of discovery of the injury under 28 U.S.C. § 2401(b). Florida's discovery rule under Florida Statutes § 95.11 may extend this deadline if the surgical error was not immediately apparent, such as with retained surgical instruments discovered months or years later.

Expert Witness Requirements: Florida Statutes § 766.102 requires expert medical testimony to establish the standard of care and prove negligence in surgical error cases. The expert must be qualified in the same specialty as the defendant physician and must testify that the surgical error departed from accepted medical standards.

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

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

You can recover both economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Unlike state medical malpractice cases, FTCA claims are not subject to Florida's damage caps under Florida Statutes § 766.118, but federal law governs the compensation available.

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

Yes, Florida Statutes § 766.102 requires expert medical testimony to prove that surgical errors violated the accepted standard of care. The expert must be qualified in the same medical specialty and must demonstrate how the error constituted negligence rather than an acceptable risk of surgery.

FTCA surgical error cases typically take 18-36 months to resolve, depending on the complexity of the medical issues and the government's willingness to negotiate. Cases involving retained surgical instruments or wrong-site surgery may resolve faster due to clear evidence of negligence.

Even during emergency surgery, medical professionals must meet the applicable standard of care for emergency conditions. While the standard may be different than elective surgery, basic safety protocols like instrument counts and proper surgical technique still apply.

Yes, under Florida's wrongful death statute (Florida Statutes § 768.16) and federal law, surviving family members can file FTCA claims for surgical errors that result in death. Damages may include lost earnings, loss of companionship, and funeral expenses.

Seek immediate medical attention to address any complications, obtain copies of all medical records related to your surgery and follow-up care, document your symptoms and additional medical expenses, and consult with an experienced FTCA attorney who understands both federal and Florida law requirements for surgical error claims.

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

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

Florida VA Malpractice Information

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

Other Florida Case Types We Handle

• Florida Emergency Room Errors Cases
• Florida Brain Injury Cases
• Florida 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 Florida, 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 injury, but you must follow strict deadlines 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, and the agency has six months to respond. If the VA denies your claim or fails to respond within six months, you then have six months to file a federal lawsuit.

In 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, loss of earning capacity, and compensation for pain and suffering. Unlike many state laws, the FTCA has no cap on damages in Florida, though you cannot recover punitive damages. Your family members may also be entitled to compensation for loss of consortium or support.

Don't wait to seek legal help if you suspect a surgical error has occurred. Many law firms that specialize in veteran medical malpractice cases offer free initial consultations and case evaluations. During this consultation, an experienced attorney can review your medical records, explain your legal options, and help determine if you have a viable claim. Remember, these cases are complex and time-sensitive - having proper legal representation from the beginning can make a crucial difference in the outcome of your case.

If you or a loved one has suffered from a surgical error at a VA facility, contact a qualified attorney-physician today for a free, confidential case evaluation. You've served our country; now let an experienced professional serve you by protecting your legal rights and fighting for the compensation you deserve.

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

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