Louisiana VA & Military Wrongful Death Malpractice Attorneys

Families trust Louisiana VA medical centers and military hospitals to save lives, not cause preventable deaths through medical negligence. Tragically, wrongful deaths at federal medical facilities occur when healthcare providers fail to meet basic standards of care, leaving families devastated and seeking answers about what went wrong.

At the Archuleta Law Firm, our founding attorney brings a unique perspective as both a licensed attorney and medical doctor—enabling us to understand not just the legal complexities of wrongful death cases, but the medical failures that led to your loss. We've recovered over $145 million for clients in Federal Tort Claims Act cases, with 25+ years of experience holding the U.S. government accountable for medical negligence at federal facilities.

If you lost a loved one due to medical malpractice at a Louisiana VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). FTCA claims differ from civilian cases because you must file directly against the U.S. government and follow strict procedures and deadlines to protect your compensation rights.

• Failure to Diagnose Life-Threatening Conditions: When doctors miss or delay diagnosing heart attacks, strokes, sepsis, or cancer, patients die from conditions that could have been treated if caught in time. This constitutes malpractice when symptoms were present and a competent physician would have recognized the warning signs.

• Medication Errors and Drug Interactions: Fatal overdoses, wrong medications, or dangerous drug interactions can kill patients within hours. You can prevent these deaths by following proper protocols for medication verification, dosage calculation, and interaction screening.

• Surgical Mistakes and Post-Operative Negligence: Anesthesia errors, operating on wrong body parts, leaving instruments inside patients, or failing to monitor for post-surgical complications during or after surgery are clear violations of surgical standards of care.

• Emergency Room Delays and Misdiagnosis: When ER staff fail to properly triage patients, dismiss serious symptoms, or discharge patients who should be admitted, preventable deaths occur from conditions like heart attacks, strokes, and internal bleeding that required immediate treatment.

• Hospital-Acquired Infections: Deaths from preventable infections like MRSA, C. diff, or surgical site infections often result from inadequate sterilization procedures, poor hand hygiene, or failure to follow infection control protocols that are standard in hospital settings.

• Inadequate Monitoring of Critical Patients: Patients in ICUs, post-surgery, or with serious medical conditions require constant monitoring. Medical negligence occurs when alarms are ignored, vital signs aren't checked regularly, or staff fail to respond to deteriorating conditions, resulting in death.

Our Louisiana VA wrongful death lawyers represent families who lost loved ones at major federal medical facilities throughout the state. These facilities handle complex medical cases where even small errors can have fatal consequences.

Major Louisiana Federal Medical Facilities:

• Southeast Louisiana Veterans Health Care System (New Orleans) - This major VA medical center provides complex surgical and emergency services where diagnostic errors and surgical mistakes can prove fatal
• Overton Brooks VA Medical Center (Shreveport) - Serving northern Louisiana veterans with specialized cardiac and cancer care where delayed diagnosis or treatment errors can result in preventable deaths
• Alexandria VA Medical Center - Providing emergency and inpatient services where medication errors and failure to monitor critical patients have led to wrongful deaths
• Naval Air Station Joint Reserve Base New Orleans Medical Clinic - Military treatment facility where active duty personnel and families receive care that sometimes falls below acceptable medical standards

View all Louisiana VA & Military Facilities

• Your loved one's symptoms were dismissed or not taken seriously by medical staff, despite clear signs of a serious condition
• Diagnostic tests were delayed, misread, or not ordered when symptoms clearly warranted investigation
• Your family member was discharged from the emergency room or hospital despite continuing symptoms or an unstable condition
• Medications were changed suddenly without explanation, or multiple drugs were prescribed without checking for dangerous interactions
• Surgery was delayed when time was critical, or complications during surgery were not addressed promptly
• Medical staff seemed unprepared for emergencies or failed to respond quickly to crisis situations
• Your loved one developed infections or complications that staff said were "unexpected" but seemed preventable
• Communication between doctors, nurses, and specialists was poor, leading to confusion about treatment plans
• You were told the death was "unavoidable" but other medical professionals have suggested different treatment could have saved your loved one

In Louisiana wrongful death cases against federal facilities, families can recover compensation, including lost future earnings, medical and funeral expenses, loss of benefits, costs of household services, and educational expenses. Economic damages can reach millions of dollars based on the deceased's age, earning capacity, and family situation.

Louisiana wrongful death cases also allow recovery for non-economic losses, including loss of companionship, guidance, and emotional support, pain and suffering endured by family members, loss of consortium for spouses, and the emotional trauma of losing a loved one. These damages recognize that wrongful death impacts extend far beyond financial losses to encompass the profound emotional and relational harm caused by medical malpractice.

Under Louisiana Civil Code Article 2315.2, wrongful death claims must be filed within one year of discovery of the injury, but FTCA claims against federal facilities follow federal law requiring claims within two years of discovery under 28 U.S.C. § 2675. Louisiana's survival action laws under Louisiana Civil Code Article 2315.1 allow additional recovery for the deceased's pain and suffering before death if they survived the malpractice for any period of time. Unlike civilian cases, FTCA claims have no damage caps Louisiana birth injury cases, meaning families can recover the full amount of their economic and non-economic losses without arbitrary limits imposed by state law.

Statute of Limitations

Federal Tort Claims Act cases must be filed within two years of discovery of the malpractice under 28 U.S.C. § 2675, which typically provides more time than Louisiana's one-year discovery rule under Louisiana Revised Statutes 40:1231.1. However, you must first file an administrative claim with the appropriate federal agency before filing a lawsuit, and this administrative claim must be filed within two years of discovery. The discovery rule means the clock starts when you knew or should have known that medical negligence caused your loved one's death, not necessarily when the death occurred.

Expert Witness Requirements

Louisiana requires expert medical testimony to establish the standard of care and prove that negligence caused the wrongful death. Under Louisiana Code of Evidence Article 702, medical experts must be qualified in the same specialty as the defendant healthcare provider and familiar with the applicable standard of care. In FTCA cases, experts must understand both federal medical facility protocols and general medical standards to demonstrate how the government's employees breached their duty of care.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date you discovered the malpractice to file an administrative claim with the VA. This federal deadline typically provides more time than Louisiana's one-year discovery rule for civilian cases. However, you must act quickly because gathering medical records and expert opinions takes time before filing the administrative claim.

FTCA wrongful death cases allow recovery of both economic damages (lost earnings, medical expenses, funeral costs) and non-economic damages (loss of companionship, pain and suffering). Unlike civilian cases in Louisiana, federal claims have no damage caps, meaning you can recover the full extent of your losses. Damages often reach hundreds of thousands or millions depending on your loved one's age and circumstances.

Louisiana's damage caps under the Medical Malpractice Act do not apply to FTCA claims against federal facilities. Your case is governed by federal law, which imposes no arbitrary limits on recovery. This often means significantly higher compensation is available compared to civilian medical malpractice cases in Louisiana, where non-economic damages may be capped.

No, you cannot sue individual military doctors or VA physicians personally. Under the FTCA, your claim must be filed against the United States government as the employer of the negligent healthcare providers. This is actually beneficial because the government has unlimited resources to pay judgments, unlike individual doctors who may have limited malpractice insurance coverage.

Yes, Louisiana requires qualified medical expert testimony to prove malpractice caused the wrongful death. The expert must be familiar with the standard of care applicable to the type of treatment your loved one received and be able to explain how the federal facility's staff breached that standard. Our firm works with nationally recognized medical experts who understand both federal facility protocols and medical standards of care.

FTCA cases typically take 18-36 months from filing the administrative claim to resolution. The government has six months to respond to your administrative claim, and if they deny it or don't respond, you can then file a federal lawsuit. Having experienced FTCA attorneys and medical experts on your team can significantly expedite the process and improve your chances of a favorable outcome.

Delayed diagnosis wrongful death cases require proving that earlier diagnosis would have saved your loved one's life and that competent physicians would have made the diagnosis sooner given the symptoms present. These cases often involve cancer, heart attacks, strokes, or infections where time is critical. Our medical doctor-attorney can evaluate whether the delay constituted malpractice under applicable medical standards.

Yes, consent forms do not waive your right to file wrongful death claims for medical negligence. Informed consent protects healthcare providers from known risks of treatment, but it does not excuse malpractice, negligence, or failure to meet basic standards of care. If your loved one died due to preventable errors rather than known treatment risks, you likely have a valid FTCA claim regardless of signed consent forms.

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

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

Louisiana VA Malpractice Information

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

Other Louisiana Case Types We Handle

• Louisiana Surgical Errors Cases
• Louisiana Emergency Room Errors Cases
• Louisiana 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've lost a loved one due to negligent medical care at a VA facility in Louisiana, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you have specific legal protections, but you must act within strict timeframes to preserve your rights.

The FTCA requires you to file your claim within two years from the date of death or when you reasonably should have known about the negligence that caused it. This starts by filing a Standard Form 95 with the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim. Only after this administrative process can you file a federal lawsuit if necessary.

Having an attorney who is also a medical doctor can significantly strengthen your case. 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 a stronger case by translating technical medical information into clear evidence of negligence, which is essential in Louisiana FTCA claims.

Under Louisiana law and the FTCA, you may be entitled to several types of damages. These can include compensation for medical expenses incurred before death, funeral and burial costs, lost wages and benefits your loved one would have earned, and loss of companionship. You may also recover damages for any pain and suffering your loved one experienced before death, as well as the emotional distress suffered by surviving family members.

Time is critical in these cases, and evidence can become more difficult to obtain as time passes. Medical records may be harder to access, and crucial witnesses' memories may fade. You don't have to navigate this complex process alone. Many experienced FTCA attorneys offer free case evaluations to help you understand your rights and options. They can assess the strength of your case and guide you through the intricate requirements of filing a successful claim.

To protect your rights and ensure you meet all deadlines, consider reaching out for a confidential, no-cost consultation with an experienced FTCA attorney who understands both the medical and legal aspects of your case. The sooner you act, the better positioned you'll be to seek justice for your loved one.

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

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