Guam VA & Military Wrongful Death Malpractice Attorneys

Families trust Guam's VA medical centers and military hospitals to save lives, not cause preventable deaths through medical negligence. Tragically, medical malpractice at federal facilities can result in wrongful deaths that devastate military families and veterans who have already sacrificed so much for our country.

A $1.5 million FTCA settlement at the U.S. Naval Hospital in Guam for a child's catastrophic brain injury proves federal facilities can be liable for medical negligence. At the Archuleta Law Firm, our founding attorney is both a licensed physician and attorney, providing unique medical expertise other firms lack when evaluating complex wrongful death cases.

If you lost a loved one due to medical negligence at a Guam VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). To secure justice for your family's loss, you must understand your FTCA rights and Guam's legal requirements.

• **Failure to Diagnose Life-Threatening Conditions **misdiagnosis cases****: When physicians miss or delay diagnosis of heart attacks, strokes, sepsis, or cancer, patients die from conditions that could have been treated if caught in time. This constitutes malpractice when the symptoms were present and a competent physician would have made the correct diagnosis.

• **Medication Errors and Drug Interactions **medication errors in military hospitals****: Prescribing wrong medications, incorrect dosages, or failing to check for dangerous drug interactions can cause fatal reactions. Hospital staff have a duty to verify medications and monitor patients for adverse effects.

• Surgical Complications and Negligence: Anesthesia errors, operating on the wrong body parts, leaving instruments inside patients, or failing to control bleeding during or after surgery are departures from the standard of care that can cause death.

• Emergency Room Negligence: Improperly triaging patients, missing critical symptoms, or discharging patients who need immediate treatment can cause preventable deaths. Emergency physicians must follow established protocols for evaluating and treating urgent conditions.

• Post-Operative Care Failures: Inadequate monitoring after surgery, failure to recognize complications like infections or blood clots, and delayed response to patient deterioration can turn routine procedures into fatal events.

• Birth and Delivery Complications: Failure to monitor fetal distress, delayed emergency cesarean sections, or improper management of high-risk pregnancies can result in maternal or infant deaths that proper care would have prevented.

Our firm represents families who have lost loved ones due to medical negligence at federal medical facilities throughout Guam. We handle wrongful death cases at major military treatment facilities and VA medical centers where complex medical care increases the risk of fatal errors.

U.S. Naval Hospital Guam - This major military medical center provides comprehensive care to active duty personnel and their families, with documented FTCA settlements for medical malpractice including catastrophic birth injuries.

Guam VA Medical Facilities - Veterans Affairs medical facilities in Guam serve our nation's veterans, but medical negligence at these facilities can result in preventable deaths of those who served our country.

Military Treatment Facilities - Various military medical facilities throughout Guam provide care to service members, where the complexity of military medicine can sometimes lead to fatal medical errors.

View all Guam VA & Military Facilities

• Your loved one's condition was treatable or manageable, but they died unexpectedly during routine care
• Doctors failed to order appropriate tests despite concerning symptoms like chest pain, difficulty breathing, or neurological changes
• Medical staff ignored or dismissed your loved one's complaints about severe pain, shortness of breath, or other serious symptoms
• There were significant delays in diagnosis, treatment, or emergency response when time was critical
• Your loved one died from complications that should have been prevented with proper monitoring and care
• Hospital staff made medication errors, gave wrong dosages, or failed to check for dangerous drug interactions
• The death occurred during or shortly after a procedure that was described as routine or low-risk
• Medical records show conflicting information, missing documentation, or alterations made after the incident
• Other medical professionals have suggested that the death could have been prevented with appropriate care

Economic damages in Guam wrongful death cases compensate families for measurable financial losses caused by their loved one's death. These include lost wages and benefits your loved one would have earned over their lifetime, calculated based on their age, health, and earning capacity. Medical expenses incurred before death, including emergency treatment, hospital stays, and unsuccessful life-saving measures, are fully recoverable. Funeral and burial costs represent immediate expenses that families shouldn't bear due to medical negligence. Loss of household services encompasses the economic value of domestic contributions your loved one provided, from childcare to home maintenance.

Non-economic damages address the intangible losses that no amount of money can truly replace. Pain and suffering your loved one experienced before death, including physical pain and emotional distress from knowing their condition was worsening. Loss of companionship, guidance, and emotional support that family members will never receive from their deceased loved one. The grief, anguish, and emotional trauma that surviving family members endure following a preventable death. Loss of the deceased's care, comfort, and society that would have enriched family relationships for years to come.

Under Guam's government liability law, local government entities face damage caps of $100,000 for tort claims (6 GCA § 4107). However, FTCA claims against the United States government operate under different rules. The Federal Tort Claims Act (28 U.S.C. § 2674) makes the United States liable "in the same manner and to the same extent as a private individual under like circumstances," potentially allowing recovery beyond local government caps. This distinction is crucial because federal medical malpractice claims may not be subject to the same limitations that apply to Guam government entities, though damages are still governed by Guam's substantive wrongful death law.

Statute of Limitations: The Federal Tort Claims Act establishes a strict 2-year limitations period for filing administrative claims with the federal agency, beginning when the claim accrues (28 U.S.C. § 2401). In medical malpractice cases, this typically means 2 years from when you discovered or reasonably should have discovered the malpractice that caused the wrongful death. After the agency denies your claim, you have only 6 months to file suit in federal court. The Supreme Court has recognized that equitable tolling may apply in limited circumstances, but missing these deadlines typically results in dismissal of the entire case.

Expert Witness Requirements: While specific Guam requirements for expert witnesses in wrongful death cases are governed by local law, FTCA cases in federal court must establish that the medical care fell below the accepted standard of care. This typically requires testimony from qualified medical experts who can explain how the defendant's actions departed from what a competent physician would have done under similar circumstances. The complexity of wrongful death cases makes expert testimony essential to prove both the malpractice and the causal connection to the death.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have 2 years from the date you discovered or should have discovered the malpractice to file an administrative claim with the federal agency. After the agency denies your claim, you have only 6 months to file suit in federal court.

You may recover both economic damages (lost wages, medical expenses, funeral costs) and non-economic damages (pain and suffering, loss of companionship) as allowed under Guam's wrongful death law. Unlike claims against Guam government entities, FTCA claims against the federal government are not subject to the $100,000 damage cap.

Guam's $100,000 liability cap applies to local government entities under 6 GCA § 4107, but FTCA claims against the United States operate under federal law. The FTCA allows recovery "in the same manner and to the same extent as a private individual," potentially permitting damages beyond local government caps.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by federal employees acting within their scope of employment. This includes military physicians, VA doctors, and other federal medical staff.

Yes, wrongful death medical malpractice cases typically require expert testimony to establish the standard of care and prove that the defendant's actions caused the death. Qualified medical experts must demonstrate how the care provided fell below accepted medical standards.

FTCA cases can take 2-4 years or longer, depending on the complexity of the medical issues and the government's response. The process includes the administrative claim phase (which can take 6 months to 2 years) followed by federal litigation if the claim is denied.

Missing the 2-year administrative claim deadline or the 6-month court filing deadline typically results in dismissal of your case. While equitable tolling may apply in rare circumstances, these deadlines are strictly enforced, making prompt action essential.

Yes, deaths caused by medical negligence at military treatment facilities in Guam are covered under the FTCA. Recent changes in military medical malpractice law have expanded the ability to file claims against military medical facilities for certain types of negligence.

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

• Guam FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Guam 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 Guam, 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 Guam 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 Guam Wrongful Death victims. Our Guam 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 Guam 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.

Guam VA Malpractice Information

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

Other Guam Case Types We Handle

• Guam Surgical Errors Cases
• Guam Emergency Room Errors Cases
• Guam 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 Guam dealing with the devastating loss of a loved one due to possible medical negligence at a VA facility or military hospital, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA provides a pathway to seek justice, but you must act within strict timeframes to preserve your legal rights.

You have two years from the date of the incident (or from when you reasonably should have known about the negligence) 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 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.

Having an attorney who is also a licensed medical doctor can be invaluable in wrongful death FTCA cases. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with expert witnesses. Their unique dual perspective helps build stronger cases and can often lead to more favorable outcomes for military families.

Under the FTCA, you may be entitled to recover various damages, including medical expenses incurred before death, funeral and burial costs, lost wages and benefits (including military benefits), and loss of companionship. In Guam, damages are calculated according to local wrongful death statutes while following federal FTCA guidelines. Pain and suffering experienced by your loved one before death may also be compensable, as well as the emotional distress suffered by surviving family members.

Don't navigate this complex process alone. Many experienced FTCA attorneys offer free initial case evaluations to help you understand your rights and options. During this consultation, you can discuss the specific circumstances of your case, learn about potential compensation, and determine the best path forward. Remember, there are no upfront costs, as most attorneys handling these cases work on a contingency fee basis - they only get paid if they win your case.

Time is critical in these cases, so reach out today to protect your rights and begin the process of seeking justice for your loved one.

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

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