Indiana VA & Military Surgical Errors Malpractice Attorneys

Veterans and military families trust Indiana's VA medical centers and military treatment facilities to provide safe, competent surgical care. Unfortunately, preventable surgical errors continue to occur at federal healthcare facilities, causing devastating injuries that could have been avoided with proper care.

The Federal Tort Claims Act (FTCA) requires that claims be filed within two years of the incident or knowledge of the alleged injury, making prompt legal action essential. At the Archuleta Law Firm, our founding attorney's unique background as both a licensed attorney and medical doctor provides unparalleled insight into surgical error cases and the medical standards of care that were violated.

If you or a loved one suffered harm due to a surgical error at an Indiana VA or military facility, you have legal rights under the Federal Tort Claims Act. Understanding these rights—and the specific Indiana laws that may affect your case—is crucial for securing the compensation your family deserves.

• Inadequate Surgical Planning: Failure to properly review patient medical history, imaging studies, or surgical site markings can lead to wrong-site surgery or inappropriate surgical procedures that constitute clear departures from accepted medical standards.

• Communication Breakdowns: Poor communication among surgical team members about patient identity, surgical site, or procedure type breaks safety protocols and leads to catastrophic errors.

• Failure to Follow Safety Checklists: Failing to follow mandatory surgical safety protocols like the WHO Surgical Safety Checklist increases risks of retained instruments and preventable complications.

• Inadequate Post-Operative Monitoring: Failing to properly monitor patients after surgery or ignoring signs of complications like bleeding, infection, or organ dysfunction falls below the standard of care and can lead to life-threatening consequences.

• Improper Sterilization Procedures: Not following established sterilization protocols for surgical instruments and equipment creates unnecessary infection risks and violates basic medical safety standards.

• Inadequate Staffing or Supervision: Insufficient qualified staff or inadequate supervision of residents and trainees can compromise surgical safety and patient outcomes. This represents institutional negligence.

Our firm represents veterans and military families who have suffered surgical errors at major federal healthcare facilities throughout Indiana. These facilities handle complex surgical procedures where errors can have devastating consequences.

• Richard L. Roudebush VA Medical Center (Indianapolis): As Indiana's primary VA medical center, this facility performs thousands of surgical procedures annually, including complex cardiovascular and orthopedic surgeries where technical errors can cause permanent disability.

• VA Northern Indiana Health Care System (Fort Wayne): This multi-site system provides surgical services to veterans across northern Indiana, where communication failures between facilities can contribute to surgical errors.

• VA Medical Center Marion Campus: Serving central Indiana veterans, this facility's surgical departments handle emergency and elective procedures where inadequate preparation or post-operative care can lead to serious complications.

View all Indiana VA & Military Facilities

• Surgery performed on the wrong body part, wrong side, or entirely wrong patient
• Surgical instruments, sponges, or other foreign objects left inside your body after surgery
• Unexpected nerve damage, organ perforation, or blood vessel injury during routine procedures
• Severe infections that develop due to improper sterilization or post-operative care
• Anesthesia complications resulting from inadequate monitoring or medication errors
• Need for additional surgeries to correct problems that should not have occurred
• Persistent pain, numbness, or loss of function that was not explained as a normal risk
• Hospital staff unable to explain why complications occurred or providing inconsistent explanations

Economic Damages

Surgical error victims may recover compensation for financial losses. This includes emergency treatment, corrective surgeries, rehabilitation, lost wages, reduced earning capacity, lifetime care, and necessary medical equipment.

Non-Economic Damages

Victims can also seek compensation for non-monetary losses. These include physical pain, emotional distress, loss of life's enjoyment, and the impact on family relationships.

Under Indiana's Medical Malpractice Act (Indiana Code § 34-18-14-3), civilian medical malpractice damages are capped at $1.8 million total compensation. However, this state damage cap does not apply to Federal Tort Claims Act cases against VA and military facilities. FTCA claims are governed by federal law under 28 U.S.C. § 2674, which allows recovery of damages according to the law of the state where the negligence occurred, but without Indiana's statutory caps. This distinction can significantly impact the total compensation available to surgical error victims at federal facilities.

Statute of Limitations: The Federal Tort Claims Act requires that administrative claims be filed within two years of the incident or discovery of the injury (28 U.S.C. § 2401). This federal deadline aligns with Indiana's two-year statute of limitations for medical malpractice claims under Indiana Code § 34-18-7-1, eliminating conflicts between state and federal timing requirements.

Expert Witness Requirements: Indiana law requires expert medical testimony to establish the standard of care and prove negligence in surgical error cases. The expert must be qualified in the same medical specialty as the defendant physician and be able to testify about accepted surgical practices and safety protocols that were violated.

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 of the surgical error or discovery of the injury to file an administrative claim. This federal deadline aligns with Indiana's medical malpractice statute of limitations, but federal law governs VA and military hospital claims.

You may recover both economic damages (medical bills, lost wages, ongoing care costs) and non-economic damages (pain and suffering, emotional distress). Unlike civilian cases, FTCA claims are not subject to Indiana's $1.8 million damage cap, potentially allowing for greater compensation.

Indiana Code § 34-18-14-3 caps civilian medical malpractice damages at $1.8 million, but this limitation does not apply to Federal Tort Claims Act cases against VA or military facilities. Federal claims follow FTCA guidelines under 28 U.S.C. § 2674 without state-imposed caps.

You cannot sue individual military doctors directly. Instead, you must file a Federal Tort Claims Act claim against the United States government. The FTCA provides immunity to federal employees acting within their scope of employment, making the government the proper defendant.

Yes, Indiana law requires qualified medical expert testimony to establish the standard of care and prove negligence in surgical error cases. The expert must be familiar with accepted surgical practices and safety protocols relevant to your specific case.

FTCA cases typically take 12-24 months or longer. You must first file an administrative claim and wait at least six months for the government's response before filing a federal lawsuit. Complex surgical error cases may require additional time for medical record review and expert analysis.

The FTCA's two-year statute of limitations runs from when you knew or reasonably should have known about both the injury and its connection to medical negligence. Retained surgical instruments or delayed complications may extend this discovery period beyond the original surgery date.

Yes, surviving family members can file wrongful death claims under the FTCA when surgical errors result in death. These claims must still be filed within two years and follow federal procedures, with damages determined according to Indiana's wrongful death statutes.

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

• 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 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 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 Surgical Errors victims. Our Indiana 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 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 Emergency Room Errors Cases
• Indiana Brain Injury Cases
• Indiana 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

As a veteran or military family member in Indiana dealing with the aftermath of a surgical error at a VA facility, you have important legal rights under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines and procedures that must be followed precisely. You must file your administrative claim within two years of when you knew or should have known about the surgical error and its connection to VA medical care. The VA then has six months to investigate and respond to your claim before you can file a lawsuit in federal court.

Having an attorney who is also a licensed medical doctor can be invaluable for surgical error cases. These doctor-attorneys understand both the complex medical issues and legal requirements involved. They can quickly identify deviations from the standard of care, work directly with medical experts, and effectively communicate technical details to judges and jury members. This dual expertise is particularly crucial when dealing with VA surgical cases, which often involve multiple healthcare providers and complicated medical records.

Through an FTCA claim, you may be entitled to recover various damages resulting from the surgical error. These can include past and future medical expenses, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. For veterans with service-connected disabilities, it's especially important to document how the surgical error has impacted your quality of life and ability to work.

If you or a family member has experienced a surgical error at an Indiana VA facility, you should consider having your case evaluated by an experienced FTCA attorney. Many law firms that focus on veteran medical malpractice offer free initial consultations to review your case and explain your legal options. During this consultation, they can assess whether your case meets FTCA requirements and help you understand the potential timeline and value of your claim. Remember, waiting too long to seek legal advice could jeopardize your right to compensation, so it's important to act promptly after discovering a surgical error.

Our legal team offers free, confidential case evaluations for veterans and military families affected by VA surgical errors. Contact us today to learn how we can help protect your rights and pursue the compensation you deserve.

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

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