Florida VA & Military Wrongful Death Malpractice Attorneys

Preventable medical negligence at Florida's VA medical centers and military hospitals devastates families beyond their initial grief. These tragic deaths often result from substandard care, delayed treatment, or critical errors that violate established medical protocols.

According to the VA Office of Inspector General, preventable deaths at VA facilities continue to occur nationwide, with Florida's large veteran population particularly affected by systemic healthcare failures. At the Archuleta Law Firm, our founding attorney brings both legal expertise and medical training as a licensed physician—providing unparalleled insight into the complex medical standards that govern military and VA healthcare facilities.

Families can seek justice and compensation through the Federal Tort Claims Act (FTCA) for wrongful deaths caused by medical negligence at federal facilities. Florida's wrongful death laws apply to FTCA claims, but the process involves unique federal requirements and strict deadlines that demand experienced legal representation.

• Delayed Diagnosis of Critical Conditions: Healthcare providers who miss symptoms of heart attacks, strokes, or sepsis can cause fatal treatment delays. Emergency departments that don't follow proper triage protocols or ignore clear warning signs violate the standard of care.

• Medication Errors and Drug Interactions: Prescribing wrong medications, incorrect dosages, or failing to check for dangerous drug interactions can cause fatal reactions. This is particularly common when multiple providers don't properly communicate about a patient's complete medication list.

• Surgical Complications and Errors: Preventable deaths during or after surgery often result from anesthesia errors, wrong-site surgery, retained surgical instruments, or failure to properly monitor patients in recovery. Post-operative infections that go unrecognized also contribute to preventable fatalities.

• Emergency Room Negligence: Failure to properly evaluate chest pain, dismissing stroke symptoms, or inadequate monitoring of critically ill patients can result in wrongful death when immediate intervention could have saved lives.

• Inadequate Monitoring and Follow-up: Patients with serious conditions require continuous monitoring and appropriate follow-up care. When staff fail to recognize deteriorating vital signs or don't respond appropriately to medical emergencies, preventable deaths occur.

• Systemic Failures in Communication: Poor communication between shifts, departments, or providers can lead to missed diagnoses, delayed treatment, and fatal errors when critical information isn't properly transferred or documented.

Our firm represents families throughout Florida who have lost loved ones due to medical negligence at federal healthcare facilities. We handle wrongful death cases at major medical centers where complex care increases the risk of preventable errors.

Major Florida VA Medical Centers:

• James A. Haley Veterans' Hospital (Tampa) - One of the largest VA medical centers in the Southeast, providing complex surgical and emergency care where delays or errors can prove fatal
• Miami VA Healthcare System - Serves South Florida's large veteran population with comprehensive medical services where communication failures and delayed diagnoses have resulted in preventable deaths
• Malcom Randall VA Medical Center (Gainesville) - Teaching hospital affiliated with University of Florida where complex cases and training environment can contribute to medical errors
• Bay Pines VA Healthcare System (St. Petersburg) - Provides specialized care for aging veteran population where failure to recognize serious conditions has led to wrongful deaths

View all Florida VA & Military Facilities

• Sudden deterioration after routine procedures - When a patient's condition rapidly worsens following what should have been standard treatment or surgery
• Multiple emergency department visits before death - Pattern of repeated visits for the same symptoms that were dismissed or inadequately treated
• Delayed response to medical emergencies - Staff took excessive time to respond to cardiac arrest, respiratory distress, or other critical situations
• Missing or incomplete medical records - Documentation gaps, altered records, or missing critical test results that should have been available
• Conflicting explanations from medical staff - Healthcare providers give inconsistent accounts of what happened or what treatment was provided
• Failure to perform standard tests - Basic diagnostic tests (EKG, blood work, imaging) that should have been ordered based on symptoms were not conducted
• Ignored family concerns - Medical staff dismissed or failed to respond to family members' observations about the patient's declining condition

Economic Damages Florida birth injury cases

Florida law allows recovery of economic losses when medical negligence causes death. Under Florida Statute 768.21, survivors may recover lost earnings and support the deceased would have provided throughout their expected lifetime. Medical and funeral expenses paid by survivors are fully recoverable. The estate can also claim lost net accumulations - the money the deceased would have saved and passed to beneficiaries. For younger victims with long work-life expectancy, these economic damages often reach hundreds of thousands or millions of dollars. You can also recover lost benefits including health insurance, pension contributions, and Social Security.

Non-Economic Damages

Surviving spouses may recover for loss of companionship, protection, and affection they would have received from their deceased partner. Children can claim compensation for lost parental guidance, instruction, and companionship throughout their minority and beyond if there's no surviving spouse. Parents of deceased minor children may recover for their mental pain and suffering. The emotional trauma, grief, and psychological impact of sudden loss from medical negligence is significant non-economic harm compensable under Florida law.

Florida-Specific Considerations

Florida Statute 768.21 sets varying caps on non-economic damages for medical malpractice wrongful death cases based on healthcare provider type. As established in Estate of McCall v. United States, damage caps apply to FTCA claims against federal facilities because Florida law governs damages in federal tort claims. The Florida Wrongful Death Act (Fla. Stat. §§ 768.16-768.26) restricts which survivors can recover certain types of damages, and these limitations continue to apply in federal court under the FTCA.

### Statute of Limitations

Under the Federal Tort Claims Act (28 U.S.C. § 2675), families must present their wrongful death claim in writing to the appropriate federal agency within two years after the claim accrues. Florida's discovery rule may extend this deadline when the negligence wasn't immediately apparent, but the federal two-year requirement is strictly enforced. Missing this deadline typically bars any recovery, making prompt legal action essential.

### Expert Witness Requirements

Florida Statute 766.203 requires medical expert testimony to establish the standard of care and how it was breached in medical malpractice cases. For wrongful death claims, experts must demonstrate that proper medical care would have prevented the death. The expert must be actively engaged in clinical practice or teaching in the same specialty as the defendant healthcare provider, ensuring qualified medical testimony supports the negligence claims.

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. § 2675), you must present your claim to the federal agency within two years of when the claim accrues. This federal deadline applies to all wrongful death cases against VA and military hospitals, regardless of Florida's state law deadlines. The clock typically starts when you knew or should have known that negligence caused the death.

Florida Statute 768.21 allows recovery of economic damages including lost earnings, medical expenses, and funeral costs. Non-economic damages include loss of companionship for spouses and parental guidance for children. However, Florida's statutory caps on non-economic damages in medical malpractice cases apply even to federal FTCA claims, potentially limiting the total recovery amount.

Under Florida Statute 768.21, non-economic damages in medical malpractice wrongful death cases are subject to statutory caps that vary based on the healthcare provider type. These caps apply to FTCA claims because Florida substantive law governs damages in federal tort cases, as established in federal court decisions involving VA and military hospital negligence.

No, you cannot sue individual military doctors or VA physicians personally. Under the FTCA, you must file your wrongful death claim against the United States government. The federal government assumes liability for its employees' negligent acts performed within the scope of their employment at VA and military facilities.

Yes, Florida Statute 766.203 requires qualified medical expert testimony in wrongful death malpractice cases. The expert must demonstrate that the healthcare provider's actions fell below the accepted standard of care and that proper treatment would have prevented the death. The expert must have relevant clinical experience in the same medical specialty.

FTCA wrongful death cases typically take 18-36 months from filing to resolution. The process includes a mandatory administrative claim period, discovery, expert witness preparation, and either settlement negotiations or trial. Complex cases involving multiple medical specialties or disputed causation may take longer to resolve.

Florida is a comparative fault state under Florida Statute 768.81. If the deceased's actions contributed to their death, it may reduce the damages awarded. However, this defense doesn't affect other survivors' individual claims, and the healthcare provider's negligence must still be proven to be a substantial factor in causing the death.

Adult children can only recover for wrongful death if there is no surviving spouse, according to Florida Statute 768.21. When a spouse survives, adult children cannot claim non-economic damages like loss of companionship, though they may still be entitled to economic support they would have received from the deceased parent.

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

• 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 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 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 Wrongful Death victims. Our Florida 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 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 Surgical Errors Cases
• Florida Emergency Room Errors Cases
• Florida 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

When you've lost a loved one due to negligent medical care at a VA facility in Florida, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you must be aware that these claims follow strict deadlines - you have two years from the date of the incident (or from 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 before you can proceed with a lawsuit in federal court.

Having an attorney who is also a licensed medical doctor can significantly strengthen your case. These specialized professionals can quickly identify medical negligence, understand complex medical records, and effectively communicate with VA healthcare providers. They can also anticipate and counter the medical arguments that government attorneys might present, giving your case a distinct advantage during both the administrative claim process and potential litigation.

Through an FTCA wrongful death claim, you may be eligible to recover various damages. These can include medical expenses incurred before death, funeral and burial costs, loss of the deceased's future earnings and benefits, and loss of companionship for surviving family members. In Florida, you may also be able to claim damages for the pain and suffering your loved one experienced before death, as well as the emotional distress experienced by immediate family members.

Time is critical in these cases, not only because of the strict FTCA deadlines but also because evidence needs to be preserved and witness memories remain fresh. If you believe your loved one's death resulted from negligent VA medical care, you should consider having your case evaluated by an experienced FTCA attorney as soon as possible. Many law firms specializing in veterans' FTCA claims offer free, confidential consultations to help you understand your rights and options. During this evaluation, an attorney can review your specific circumstances, explain the strength of your case, and guide you through the complex FTCA claims process without any upfront cost or obligation.

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

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