Indiana VA & Military Wrongful Death Malpractice Attorneys

Preventable medical errors at VA medical centers and military treatment facilities devastate Indiana veterans' families, raising serious questions about negligent care. These preventable deaths represent failures in the standard of care that federal medical facilities are legally required to provide.

The Federal Tort Claims Act (FTCA) provides the exclusive legal remedy for wrongful death claims against VA and military hospitals. These claims proceed under federal law (28 U.S.C. § 2671-2680) and demand specialized expertise, unlike civilian medical malpractice cases. At the Archuleta Law Firm, our founding attorney's unique background as both a licensed attorney and medical doctor provides unmatched insight into the medical standards of care that were violated and the legal framework governing federal facility liability.

If you lost a loved one due to medical negligence at an Indiana VA medical center or military treatment facility, you have specific rights under the FTCA. Understanding these federal requirements—and how they interact with Indiana state law—is crucial for protecting your family's right to compensation and accountability.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss or delay diagnosis of heart attacks, strokes, sepsis, or cancer, patients can die from conditions that were treatable if caught in time. This represents a breach of the standard of care requiring timely evaluation and appropriate testing.

• Medication Errors and Drug Interactions: Fatal overdoses, dangerous drug interactions, or failure to administer life-saving medications constitute clear negligence when proper protocols and double-checking systems are not followed.

• Surgical Complications and Post-Operative Neglect: Deaths from preventable surgical errors, anesthesia mistakes, or failure to monitor patients after surgery indicate violations of established surgical standards of care and post-operative monitoring requirements.

• Emergency Department Delays: When emergency room staff fail to properly triage patients or delay treatment for critical conditions, preventable deaths can occur from conditions like heart attacks, respiratory failure, or internal bleeding.

• Hospital-Acquired Infections: Deaths from preventable infections, including MRSA, C. diff, or surgical site infections, may constitute malpractice when proper infection control protocols are not followed.

• Nursing Negligence and Monitoring Failures: Fatal complications that occur when nursing staff fail to monitor vital signs, respond to alarms, or follow physician orders represent breaches of nursing standards of care.

Our firm represents families in wrongful death cases involving medical negligence at major federal medical facilities throughout Indiana. These facilities serve thousands of veterans and military personnel, making comprehensive medical care and patient safety protocols essential.

Major Indiana Federal Medical Facilities:

• Richard L. Roudebush VA Medical Center (Indianapolis) - Indiana's primary VA medical center providing complex medical and surgical services where diagnostic and treatment errors can prove fatal
• Fort Harrison VA Medical Center (Indianapolis) - Outpatient specialty care facility where medication management and chronic disease treatment failures can lead to preventable deaths
• Marion VA Medical Center (Marion) - Regional facility providing emergency and inpatient services where delays in care or misdiagnosis can result in wrongful death
• Evansville VA Clinic (Evansville) - Outpatient facility where failure to refer urgent cases or medication errors can have fatal consequences

View all Indiana VA & Military Facilities

• Sudden deterioration after routine procedure or treatment - When patients die unexpectedly following standard medical procedures, this may indicate surgical errors, medication mistakes, or failure to monitor complications
• Delayed or missed diagnosis despite clear symptoms - If your loved one presented classic symptoms of serious conditions but staff failed to order appropriate tests or make timely referrals
• Medication-related death with no prior adverse reactions - Fatal reactions to medications, especially when drug interactions weren't checked or dosages weren't properly calculated
• Death following emergency department visit where patient was sent home - When patients are discharged from emergency rooms despite serious symptoms and die within hours or days
• Post-surgical complications that weren't promptly addressed - Deaths from infections, bleeding, or other complications that developed after surgery but weren't quickly identified and treated
• Failure to respond to monitoring alarms or vital sign changes - When nursing staff or physicians didn't act on clear warning signs of patient deterioration
• Communication breakdowns between medical staff - Deaths that occur when critical information isn't properly communicated between shifts, departments, or providers

Economic Damages

The Federal Tort Claims Act allows families to recover specific economic losses after a wrongful death at VA and military facilities. These damages include lost wages and earning capacity the deceased would have provided over their expected lifetime, which can amount to hundreds of thousands or millions of dollars for younger victims. You can also recover medical and funeral/burial costs directly related to the negligent treatment. Other economic damages may include lost benefits like pension contributions, health insurance, and employment benefits the deceased would have provided.

Non-Economic Damages

FTCA claims allow recovery for loss of consortium, companionship, and guidance that surviving spouses and children have suffered due to the wrongful death. Losing parental guidance and nurturing for minor children accounts for significant non-economic damages. However, unlike Indiana's wrongful death law, FTCA claims don't include the deceased person's pain and suffering or punitive damages against the government.

Indiana-Specific Considerations

Under Indiana's wrongful death statute (Indiana Code § 34-23-1-1), state law would normally govern damage calculations, but FTCA claims against federal facilities follow federal law exclusively. Indiana's wrongful death damages include medical and funeral expenses, lost earnings, and loss of love and companionship (Indiana Code § 34-23-1-2). However, for VA and military hospital cases, the FTCA's damage framework applies instead, which may be more or less favorable depending on the specific circumstances of each case.

Statute of Limitations The Federal Tort Claims Act requires wrongful death claims against VA and military hospitals to be filed within two years of the date of death (28 U.S.C. § 2401). This federal deadline is absolute and cannot be extended, even if Indiana's discovery rule might apply in state court cases. Unlike Indiana's general medical malpractice statute of limitations, which may provide additional time in certain circumstances, FTCA claims have no discovery rule extensions.

Expert Witness Requirements Indiana medical malpractice cases typically require expert witness testimony to establish the standard of care and prove negligence. While the FTCA doesn't specifically mandate expert witnesses, proving medical negligence in wrongful death cases at VA and military facilities almost always requires qualified medical experts who can testify about the appropriate standard of care and how the defendant's actions fell below that standard.

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 exactly two years from the date of death to file a wrongful death claim against a VA or military hospital. This federal deadline is absolute and cannot be extended, regardless of Indiana state law provisions that might apply to civilian hospital cases.

FTCA wrongful death claims can recover economic damages including lost wages, medical expenses related to the negligent treatment, and funeral costs. Non-economic damages include loss of consortium and companionship. However, you cannot recover punitive damages or pain and suffering of the deceased under federal law.

Indiana's medical malpractice damage caps do not apply to FTCA claims against VA and military hospitals because these cases proceed under federal law exclusively. The FTCA has no statutory damage caps, potentially allowing for higher recovery than would be available under Indiana's Medical Malpractice Act.

No, under the FTCA, you cannot sue individual doctors or nurses at VA or military hospitals. The claim must be filed against the United States government, and federal employees acting within the scope of their employment are immune from individual lawsuits (28 U.S.C. § 2679).

While not legally required under the FTCA, proving medical negligence in wrongful death cases almost always requires expert medical testimony. The expert must be qualified to testify about the standard of care at VA or military facilities and how the defendant's actions caused the death.

FTCA wrongful death cases typically take 18 months to 3 years to resolve. You must first present your claim to the VA or Department of Defense, which has six months to investigate and respond. If denied or ignored, you can then file a federal lawsuit, which may take additional time to reach settlement or trial.

If the death occurred at a private civilian hospital, even if VA benefits were paying for care, this would not be an FTCA claim. You would need to pursue a medical malpractice claim under Indiana state law against the private hospital and physicians involved in the care.

FTCA claims only apply to negligence by federal employees at federal facilities. If your veteran family member died due to negligence at a private hospital, you would pursue a wrongful death claim under Indiana state law, not the FTCA, even if the person was a veteran receiving benefits.

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

• 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 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 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 Wrongful Death victims. Our Indiana 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 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

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

When you lose a loved one due to negligent medical care at a VA facility in Indiana, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you must file your FTCA claim within two years of the date you knew or should have known about the negligence that caused the death. This is done by submitting a Standard Form 95 to the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim before you can proceed with a federal lawsuit.

Having an attorney who is also a licensed medical doctor can significantly strengthen your wrongful death case. These specialized professionals understand both the complex medical issues involved in VA care and the specific legal requirements of FTCA claims. They can accurately identify medical negligence, properly value your claim, and effectively communicate with VA administrators and government attorneys throughout the process.

Under Indiana law and the FTCA, you may be entitled to recover several types of damages in a wrongful death case. These can include medical expenses incurred before death, funeral and burial costs, lost wages and benefits your loved one would have earned, and compensation for the loss of love, companionship, and guidance. If your loved one experienced pain and suffering before death, those damages may also be recoverable. For surviving spouses, the loss of consortium can be included in the claim.

Time is critical in these cases, and evidence needs to be preserved quickly. Medical records must be obtained and reviewed, witness statements collected, and expert opinions secured. You shouldn't have to navigate this complex process alone while grieving your loss. Our team offers free, confidential case evaluations to help you understand your rights and options under the FTCA. We can review your situation, explain the claims process, and help determine if you have a viable case - all at no cost to you. Contact us today to speak with a doctor-attorney who specializes in VA wrongful death cases and can guide you through this difficult process with the expertise and compassion you deserve.

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 Spinal Cord Injury Cases
• Indiana Misdiagnosis Cases
• Indiana Medication Errors Cases