Georgia VA & Military Wrongful Death Malpractice Attorneys

When families entrust their loved ones to Georgia's VA medical centers and military hospitals, they expect life-saving care and medical excellence. Tragically, preventable medical errors at these federal facilities can result in wrongful death—devastating losses that could have been avoided with proper medical care and attention to established standards.

At the Archuleta Law Firm, our founding attorney brings a unique combination of medical and legal expertise as both a licensed attorney and medical doctor. Our dual medical-legal perspective helps us identify exactly how federal healthcare providers failed to meet care standards in wrongful death cases. Over our 25+ years of practice birth injury cases, we've recovered over $145 million for families who lost loved ones due to medical negligence at federal facilities.

If you lost a family member due to medical malpractice at a Georgia VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand these rights and Georgia's wrongful death laws to hold the U.S. government accountable and secure justice for your family.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss critical symptoms of heart attacks, strokes, sepsis, or other emergencies, delayed treatment can result in preventable death despite available life-saving interventions.

• Medication Errors and Drug Interactions: Incorrect medications, wrong dosages, or unchecked drug interactions can cause fatal reactions, organ failure, or cardiac arrest.

• Surgical Complications and Post-Operative Negligence: Surgical errors, poor post-operative monitoring, or failure to treat complications like infections or bleeding can lead to death.

• Emergency Room Delays and Misdiagnosis: Failing to triage patients appropriately, dismissing serious symptoms, or discharging patients with undiagnosed conditions can result in death when immediate medical intervention was needed.

• Inadequate Monitoring of High-Risk Patients: Failing to monitor vital signs, respond to deteriorating conditions, or provide intensive care can lead to deaths in patients with serious conditions.

• Communication Failures Between Medical Teams: Poor communication during shift changes or failure to relay patient information can result in missed treatments and fatal delays.

Our firm represents families who lost loved ones due to medical negligence at major federal medical facilities throughout Georgia. These facilities serve thousands of veterans and military personnel, making proper medical care and safety protocols essential.

• Atlanta VA Medical Center (Decatur): This major medical center provides comprehensive care to Georgia veterans, where wrongful deaths can occur due to complex medical procedures and high patient volumes requiring careful attention to safety protocols.

• Charlie Norwood VA Medical Center (Augusta): Serving eastern Georgia veterans, this facility handles serious medical conditions where diagnostic errors or treatment delays can have fatal consequences.

• Carl Vinson VA Medical Center (Dublin): This central Georgia facility provides critical care services where medication errors or surgical complications can result in preventable deaths.

• Robins Air Force Base Medical Center (Warner Robins): This military medical facility serves active duty personnel and their families, where emergency care and surgical procedures require strict adherence to medical standards.

View all Georgia VA & Military Facilities

• Sudden, unexpected death after routine procedures or treatments that typically have low mortality rates
• Death following missed or delayed diagnosis despite clear symptoms presented to medical staff
• Fatal complications that occurred after medical staff ignored or dismissed patient complaints of pain or distress
• Death resulting from medication errors, wrong dosages, or failure to check for known drug allergies
• Preventable death due to delayed emergency response or failure to call appropriate specialists
• Fatal outcomes following surgical procedures where post-operative care was inadequate or complications went unrecognized
• Death after discharge when serious symptoms were present but not properly evaluated or treated

Economic Damages

Families can recover substantial economic losses under Georgia wrongful death law after losing a loved one to medical malpractice. This includes lost future earnings, medical expenses before death, funeral expenses (potentially exceeding $10,000), and loss of household services.

Non-Economic Damages

Beyond financial losses, families can recover for the intangible harm caused by wrongful death. These damages include the pain and suffering the deceased experienced before death, loss of companionship and guidance for surviving spouses and children, emotional distress and mental anguish suffered by family members, and loss of consortium for surviving spouses including the loss of love, affection, and marital relationship.

Georgia-Specific Considerations

Under Georgia's Wrongful Death Act (O.C.G.A. § 51-4-2), the "full value of the life of the deceased" can be recovered, which includes both economic and intangible value. Georgia law does not impose damage caps on wrongful death cases, unlike some states with medical malpractice caps. However, since FTCA claims are filed against the federal government, federal law governs the damages available, which generally allows for both economic and non-economic damages without caps specific to medical malpractice cases.

Statute of Limitations Under the Federal Tort Claims Act (28 U.S.C. § 2401), you must file your administrative claim within two years of discovering the malpractice that caused the wrongful death. Georgia's discovery rule may apply, meaning the clock starts when you knew or should have known that medical negligence caused your loved one's death, not necessarily on the date of death itself.

Expert Witness Requirements Georgia law requires qualified medical expert testimony in wrongful death cases to establish the standard of care, prove that medical providers breached that standard, and demonstrate that the breach caused the death. Under O.C.G.A. § 24-7-702, medical experts must be qualified in the same specialty as the defendant healthcare provider and familiar with the applicable standard of care.

The FTCA requires filing an administrative claim with the appropriate federal agency before pursuing federal court litigation. This process involves specific documentation requirements and strict deadlines that differ from typical state court procedures.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date you discover the medical malpractice caused the wrongful death to file your administrative claim. This discovery rule protects families who may not immediately realize that negligence caused their loved one's death.

Georgia's Wrongful Death Act allows recovery for the "full value of the life," including lost earnings, medical expenses, funeral costs, and intangible losses like companionship. Since FTCA claims follow federal law, there are generally no damage caps, allowing full compensation for both economic and non-economic losses.

Georgia does not impose damage caps on wrongful death cases, and FTCA claims against federal facilities are not subject to state medical malpractice caps. This means families can recover full compensation for their losses without artificial limitations on damages.

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

Yes, Georgia law requires qualified medical expert testimony to prove wrongful death malpractice cases. Under O.C.G.A. § 24-7-702, experts must be qualified in the same medical specialty and familiar with the applicable standard of care that was breached.

FTCA wrongful death cases typically take 18-36 months, beginning with a mandatory administrative claim process that can take 6-12 months. If the government denies the claim, federal court litigation follows, which may require additional time for discovery, expert testimony, and resolution.

Even patients with serious pre-existing conditions deserve proper medical care. If medical negligence worsened the condition, caused complications, or hastened death that could have been prevented with appropriate care, you may still have a valid wrongful death claim.

Yes, consent forms do not protect healthcare providers from liability for negligence or malpractice. These forms acknowledge risks of procedures but do not waive rights when medical professionals fail to meet the standard of care or make preventable errors.

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

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

If you're a veteran or military family member in Georgia dealing with the devastating loss of a loved one due to medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to seek compensation when negligent medical care at federal facilities results in wrongful death, but you must act within strict timeframes.

You have two years from the date of death or when you reasonably should have known about the negligence to file an administrative claim using Standard Form 95. This initial claim must be filed with the Department of Veterans Affairs, who then has six months to investigate and respond. Only after receiving a denial or waiting six months without a response can you file a federal lawsuit.

Having an attorney who is also a medical doctor is particularly valuable in VA wrongful death 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 precisely demonstrating how medical negligence led to your loved one's death.

Through an FTCA claim, you may be entitled to recover various damages, including all medical expenses related to the negligent care, lost wages and benefits your loved one would have earned, and compensation for pain and suffering experienced before death. Family members may also recover for loss of companionship and emotional distress. In Georgia, specific state laws regarding wrongful death damages will apply to your FTCA claim.

Given the complexity of these cases and the strict deadlines involved, it's essential to have your case evaluated as soon as possible. Many experienced FTCA attorneys offer free initial consultations to review your case details and explain your legal options. During this consultation, you can learn more about the strength of your case, potential compensation, and the specific steps needed to protect your rights.

Don't wait to seek help - medical records must be gathered, expert opinions secured, and proper documentation prepared before filing your claim. Contact a qualified attorney-physician today for a confidential, no-cost evaluation of your VA wrongful death case. Your family deserves answers and fair compensation for your loss.

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

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