Georgia VA & Military Surgical Errors Malpractice Attorneys

When veterans and military families seek surgical care at Georgia's VA medical centers and military hospitals, they trust these federal facilities to provide competent, careful treatment. Unfortunately, surgical errors continue to occur at alarming rates, causing devastating injuries that could have been prevented through proper medical care.

Research shows common surgical errors include wrong procedures, wrong-site operations, retained surgical tools, and inadequate post-surgical care. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—providing us with unique medical expertise to understand exactly how surgical standards of care were violated in your case.

If you or a loved one suffered a surgical error at a Georgia VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). Federal claims follow different procedures and deadlines than civilian medical malpractice cases. Understanding your rights under Georgia law and the FTCA process is essential to securing the compensation you deserve.

• Failure to Review Medical History: Surgeons who fail to review patient medical histories, allergies, and medications violate care standards and risk causing life-threatening complications.

• Wrong-Site Surgery: Operating on the wrong body part represents a clear breach of established surgical protocols, including the universal protocol for preventing wrong-site surgery that requires marking the surgical site and conducting a "time-out" before beginning the procedure.

• Retained Surgical Instruments: According to Georgia law in Akridge v. Noble (114 Ga. 949, 41 S.E. 78 (1902)), doctors are liable if they negligently leave surgical tools inside a patient after surgery.

• Inadequate Post-Operative Monitoring: Failing to properly monitor patients for signs of infection, bleeding, or other complications after surgery constitutes negligence, especially when warning signs are present but ignored by medical staff.

• Unauthorized Procedures: In Lord v. Claxton (62 Ga. App. 526, 8 S.E.2d 657 (1940)), Georgia courts decided that surgeons who perform extra operations without patient consent or a medical emergency are liable, even if the procedure was done correctly.

• Operating While Impaired or Fatigued: Surgeons who operate while tired, distracted, or under the influence of substances violate their duty to provide competent care and put patients at unnecessary risk of serious injury or death.

We represent surgical error victims at federal medical facilities throughout Georgia birth injury cases, including major VA medical centers and military treatment facilities where complex surgical procedures are performed daily.

Charlie Norwood VA Medical Center (Augusta) - As one of Georgia's largest VA facilities, this medical center performs numerous surgical procedures, and the complexity of cases can lead to surgical errors when proper protocols aren't followed.

Atlanta VA Medical Center - This major metropolitan VA facility handles high-volume surgical caseloads, where staffing pressures and patient volume can contribute to preventable surgical mistakes.

Robins Air Force Base Medical Clinic (Warner Robins) - Military treatment facilities like Robins AFB provide surgical care to active duty personnel and their families, where surgical errors can have devastating impacts on military careers and family life.

Fort Stewart Martin Army Community Hospital (Hinesville) - As a major Army medical facility, Fort Stewart handles emergency and elective surgeries where failure to follow proper surgical protocols can result in serious patient harm.

View all Georgia VA & Military Facilities

• You woke up from surgery with unexpected injuries or complications that weren't explained or anticipated
• The surgeon operated on the wrong body part or performed a different procedure than what you consented to
• You developed a serious infection after surgery that medical staff failed to diagnose or treat promptly
• Medical staff discovered surgical instruments, sponges, or other materials left inside your body after surgery
• You experienced severe, unexplained pain after surgery that medical staff dismissed or failed to investigate
• Your surgeon appeared rushed, distracted, or unprepared during pre-operative consultations
• Post-operative care was inadequate, with staff failing to monitor your condition or respond to warning signs of complications

Economic Damages

Georgia law allows recovery of specific economic losses caused by surgical errors, including lifetime medical care costs for corrective surgeries and ongoing treatment. Under Georgia's recent collateral source reform, juries may consider both amounts billed and amounts actually paid through insurance when calculating medical expenses. Additional economic damages include lost wages during recovery periods, reduced earning capacity if the surgical error causes permanent disability, costs of physical therapy and rehabilitation services, home healthcare and nursing care expenses, and medical equipment or modifications needed due to the injury.

Non-Economic Damages

Surgical error victims can recover compensation for pain and suffering caused by the malpractice and any additional procedures needed to correct the error. Other non-economic damages include loss of enjoyment of life activities you can no longer participate in due to your injuries, emotional distress and psychological trauma from the surgical error, disfigurement or scarring resulting from the negligent surgery, and loss of consortium affecting your relationship with your spouse.

Georgia-Specific Considerations

Since 2010, Georgia has no damage caps for FTCA surgical error cases due to courts striking down malpractice limits as unconstitutional. However, Georgia's recent tort reform includes bifurcation requirements under which juries first determine liability before hearing evidence about damages, potentially affecting how your case is presented. Because of Georgia's anchoring rules, lawyers can't suggest dollar amounts for pain and suffering until all evidence is presented. So, thorough case preparation is essential to maximize your recovery.

Statute of Limitations: Under the Federal Tort Claims Act, you have two years from the date of injury to file an administrative claim with the appropriate federal agency. Georgia law says surgical error victims have two years from the surgery date or the date of discovery to file a lawsuit. However, a five-year statute of repose bars claims filed more than five years after the surgical error.

Expert Witness Requirements: Georgia requires that expert medical opinions in surgical malpractice cases be based on "reasonable medical certainty" and not "more than speculation," as established in Zwiren v. Thompson (276 Ga. 498, 578 S.E.2d 862 (2003)). This means your surgical error case will require qualified medical experts who can testify that the surgeon's actions fell below the accepted standard of care.

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

You have two years under the FTCA to file an administrative claim, and Georgia law provides two years from the surgery date or discovery of the injury. However, Georgia's five-year statute of repose absolutely bars claims filed more than five years after the surgical error, regardless of when you discovered the injury.

Georgia allows recovery of all medical expenses, lost wages, reduced earning capacity, pain and suffering, and loss of enjoyment of life. Since Georgia's damage caps were struck down in 2010, there are no statutory limits on your potential recovery in FTCA surgical error cases.

Georgia's medical malpractice damage caps were declared unconstitutional in 2010, so there are currently no caps limiting your recovery. However, Georgia's bifurcation law requires separating the liability and damages phases of trial, which may affect case strategy.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligent surgical care provided at VA or military medical facilities. The government becomes liable for the negligent acts of its employees.

Yes, Georgia law requires expert medical testimony in surgical malpractice cases. Your expert must be able to testify with "reasonable medical certainty" that the surgeon's actions fell below the accepted standard of care and caused your injuries.

FTCA cases typically take 18-36 months to resolve, depending on case complexity. You must first file an administrative claim and wait for the government's response before filing a federal lawsuit, which adds time to the process compared to civilian malpractice cases.

Georgia applies a heightened "gross negligence" standard for emergency care under O.C.G.A. § 51-1-29.5, as seen in Southwestern Emergency Physicians, P.C. v. Quinney (347 Ga. App. 410, 819 S.E.2d 696 (2018)). This means proving liability requires showing more than ordinary negligence in emergency situations.

Georgia's five-year statute of repose absolutely bars surgical error claims filed more than five years after the surgery occurred, even if you recently discovered the error. Additionally, the FTCA requires filing within two years of discovering the injury, making prompt action essential.

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

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

Georgia VA Malpractice Information

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

Other Georgia Case Types We Handle

• Georgia Emergency Room Errors Cases
• Georgia Brain Injury Cases
• Georgia 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 Georgia, 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 has caused harm, but you must follow strict deadlines and procedures.

You have two years from the date of the surgical error to file an administrative claim using Standard Form 95. This is a mandatory first step - you cannot file a lawsuit until you've completed this administrative process. Once you submit your claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor can be invaluable in surgical error cases. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their dual expertise helps build stronger cases by combining legal strategy with medical knowledge, particularly crucial in Georgia where many cases involve complex procedures at major VA medical centers like the one in Atlanta.

Through an FTCA claim, you may be eligible to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. Unlike many state medical malpractice cases, FTCA claims have no caps on damages in Georgia, though punitive damages are not available. Your compensation can include long-term care costs, rehabilitation expenses, and other healthcare needs resulting from the surgical error.

If you or a family member has experienced a surgical error at a VA facility, don't wait to seek legal guidance. Many law firms specializing in veterans' FTCA claims offer free case evaluations and work on a contingency fee basis, meaning you pay nothing unless they win your case. Having your situation reviewed by an experienced attorney-physician can help determine if you have a viable claim and ensure you meet all crucial deadlines. Time is critical in these cases, so reaching out for a confidential consultation as soon as possible is in your best interest.

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

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