Indiana VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and active-duty service members trust Indiana’s VA medical centers and military facilities for competent, life-preserving treatment. Tragically, medical negligence during spinal surgeries, emergency care, or routine procedures can result in devastating spinal cord injuries that permanently alter lives and require lifelong care.

According to the National Spinal Cord Injury Statistical Center, spinal cord injuries affect approximately 17,730 new patients each year; medical malpractice is a contributing factor in many cases. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor, providing unique insight into the complex medical standards governing spinal cord injury prevention and treatment.

If you or a loved one suffered a spinal cord injury due to negligence at an Indiana VA or military facility, the Federal Tort Claims Act (FTCA) protects your legal rights. These federal claims against the U.S. government require specific procedures and strict deadlines that differ from civilian medical malpractice cases.

• Surgical Errors During Spinal Procedures: Surgical errors like misplaced instruments, poor visualization, or direct spinal cord damage during procedures constitute a clear breach of medical standards.

• Failure to Diagnose Spinal Cord Compression: Medical staff who miss symptoms of spinal compression can cause preventable permanent paralysis through delayed treatment.

• Medication Errors Causing Spinal Damage: Incorrect injection techniques during epidural procedures, wrong medication dosages, or administering contraindicated drugs can cause chemical damage to spinal cord tissue and permanent neurological deficits.

• Delayed Treatment of Spinal Trauma: Emergency room staff who fail to properly immobilize suspected spinal injuries or delay critical imaging studies may allow secondary injury to occur, worsening the patient's neurological outcome.

• Improper Patient Positioning During Surgery: Failure to properly position patients during lengthy surgical procedures can cause pressure injuries to the spinal cord, particularly in procedures where patients remain in one position for extended periods.

• Inadequate Post-Operative Monitoring: Failing to recognize signs of spinal cord swelling, bleeding, or infection after surgery can allow treatable complications to progress to permanent paralysis.

Our firm represents spinal cord injury victims at major Indiana federal medical facilities where complex spinal procedures and emergency care are provided:

• Richard L. Roudebush VA Medical Center (Indianapolis): This major VA medical center performs numerous spinal surgeries and treats trauma patients, creating risks for spinal cord injuries during neurosurgical procedures and emergency care.

• VA Northern Indiana Health Care System (Fort Wayne): Serving northern Indiana veterans, this facility provides orthopedic and neurological care where spinal cord injuries can occur during surgical interventions and diagnostic procedures.

• Evansville VA Clinic: While primarily an outpatient facility, emergency situations and procedural complications can lead to spinal cord injuries requiring immediate transfer to higher levels of care.

View all Indiana VA & Military Facilities

• Sudden loss of sensation or movement following a routine medical procedure or surgery at a VA or military facility
• Development of paralysis after medical staff dismissed your complaints of back pain or neurological symptoms
• Spinal cord injury occurring during a procedure where you were not informed of spinal cord risks
• Hospital staff failed to perform proper neurological assessments before, during, or after spinal procedures
• Medical records show delayed response to obvious signs of spinal cord compression or trauma
• Your spinal cord injury occurred after medical staff failed to properly immobilize a suspected spinal injury
• Development of infection or bleeding around the spinal cord that went unrecognized despite clear warning symptoms

Economic Damages

Spinal cord injury cases typically involve substantial economic losses that continue throughout the patient's lifetime. These include lifetime medical care costs which can exceed $4.7 million for complete spinal cord injuries according to the National Spinal Cord Injury Statistical Center, specialized wheelchair and mobility equipment expenses, home and vehicle modifications to accommodate paralysis, lost wages and diminished earning capacity, attendant care and personal assistance services, and ongoing physical therapy and rehabilitation costs.

Non-Economic Damages

The profound impact of spinal cord injuries extends far beyond financial losses. Victims may recover compensation for severe physical pain and ongoing discomfort, complete loss of enjoyment of previously loved activities and hobbies, emotional distress including depression and anxiety related to permanent disability, loss of consortium and impact on marital relationships, and loss of independence and dignity requiring assistance with basic daily activities.

Indiana-Specific Considerations

Under the Federal Tort Claims Act (28 U.S.C. § 2674), damages in FTCA cases are determined by the law of the state where the injury occurred. Indiana's Medical Malpractice Act generally limits non-economic damages, but federal FTCA claims may not be subject to all state damage caps depending on the specific circumstances. Indiana follows a modified comparative fault system under Indiana Code 34-51-2-7, meaning damages may be reduced if the patient's actions contributed to the injury. Unlike civilian medical malpractice cases, FTCA claims cannot include punitive damages under federal law.

Statute of Limitations

The Federal Tort Claims Act requires that administrative claims be filed within two years of when the claim accrues under 28 U.S.C. § 2401(b). In Indiana, the discovery rule may apply in certain circumstances, meaning the two-year deadline begins when you knew or reasonably should have known that your spinal cord injury was caused by medical negligence. However, FTCA deadlines are strictly enforced by federal courts.

Expert Witness Requirements

Indiana medical malpractice cases typically require expert medical testimony to establish the standard of care and prove negligence. In spinal cord injury cases, this usually involves testimony from neurologists, orthopedic surgeons, or neurosurgeons who can explain how proper medical care should have prevented the injury. The complexity of spinal cord anatomy and treatment protocols makes expert testimony essential for proving causation.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date you discovered or reasonably should have discovered that your spinal cord injury was caused by medical negligence to file an administrative claim. This deadline is strictly enforced, and missing it permanently bars your claim.

Indiana spinal cord injury victims can recover both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). The total compensation is determined by federal law but calculated using Indiana damage principles, which may include certain limitations on non-economic damages.

While Indiana's Medical Malpractice Act includes damage limitations, FTCA claims against federal facilities may not be subject to all state damage caps. The interaction between federal and state law in this area is complex and depends on the specific circumstances of your case and the type of damages being claimed.

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 liability for the negligent acts of federal employees acting within the scope of their employment.

Yes, spinal cord injury cases require expert medical testimony to establish the standard of care and prove that negligence caused your injury. These cases typically require testimony from specialists in neurology, neurosurgery, or orthopedic surgery who can explain the complex medical issues involved.

FTCA spinal cord injury cases typically take 18 months to several years to resolve. The process begins with a mandatory six-month administrative review period, followed by potential federal court litigation if the claim is denied. The complexity of spinal cord injury cases often requires extensive medical record review and expert analysis.

Even emergency situations require adherence to basic medical standards. If emergency room staff failed to properly assess, immobilize, or treat a suspected spinal injury, or if their actions worsened your condition, you may have a valid FTCA claim regardless of the emergency circumstances.

Yes, if your spinal cord injury developed over time due to delayed diagnosis, improper treatment, or failure to monitor a worsening condition, you may have a valid claim. The key is proving that earlier appropriate medical intervention could have prevented the permanent spinal cord damage.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Indiana 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 Spinal Cord Injury 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 Spinal Cord Injury cases.

• Indiana FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Indiana 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 Indiana, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Spinal Cord Injury takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Indiana 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 Indiana Spinal Cord Injury victims. Our Indiana Spinal Cord Injury 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 Indiana 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.

Indiana VA Malpractice Information

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

Other Indiana Case Types We Handle

• Indiana Surgical Errors Cases
• Indiana Emergency Room Errors Cases
• Indiana Brain Injury Cases

Spinal Cord Injury Resources

• Spinal Cord Injury Lawyers (Nationwide) - General Spinal Cord Injury 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 dealing with a spinal cord injury in Indiana due to medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. Under the FTCA, you must file your claim within two years of when you knew or should have known about the injury and its cause. This is done by submitting Standard Form 95 to the Department of Veterans Affairs, which then has six months to respond to your claim before you can file a lawsuit in federal court.

Working with an attorney who has both medical and legal expertise is particularly valuable in spinal cord injury cases. A doctor-attorney can better understand the complex medical aspects of your injury, identify deviations from the standard of care, and effectively communicate with your healthcare providers. They can also accurately assess the long-term medical implications and future care needs specific to spinal cord injuries, which is crucial for ensuring you receive appropriate compensation.

Through an FTCA claim, you may be entitled to recover various damages. These typically include past and future medical expenses, such as ongoing rehabilitation, adaptive equipment, and home modifications. You can also seek compensation for lost wages and reduced earning capacity, especially if your spinal cord injury affects your ability to work. Additionally, the FTCA allows recovery for pain and suffering, loss of enjoyment of life, and other non-economic damages that recognize the profound impact of a spinal cord injury on your daily activities and quality of life.

Don't wait to explore your legal options. Most experienced FTCA attorneys offer free initial case evaluations to review your situation and help determine if you have a valid claim. During this consultation, you can discuss the circumstances of your injury, learn about your legal rights, and understand how the FTCA claims process works. Remember, these cases have strict deadlines and procedural requirements, so it's important to seek legal guidance as soon as possible to protect your rights and ensure you meet all necessary filing deadlines.

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

• Indiana Surgical Errors Cases
• Indiana Emergency Room Errors Cases
• Indiana Brain Injury Cases
• Indiana Misdiagnosis Cases
• Indiana Medication Errors Cases
• Indiana Wrongful Death Cases