Maine VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and service members trust Maine's VA medical centers and military hospitals to provide competent care that preserves their lives. Unfortunately, medical negligence during surgery, emergency treatment, or routine procedures can result in devastating spinal cord injuries that forever alter lives and families.

The National Spinal Cord Injury Statistical Center reports 17,810 new spinal cord injuries annually in the United States. Proper medical care and protocol adherence could prevent many of these injuries. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—providing unparalleled expertise in understanding the complex medical issues involved in spinal cord injury cases and identifying where the standard of care was breached.

If you or a loved one suffered a spinal cord injury at a Maine VA or military facility, the Federal Tort Claims Act (FTCA) provides you with legal rights. Because these federal claims follow procedures and deadlines different from civilian medical malpractice cases, specialized legal representation is essential to protect your rights and secure fair compensation.

• Surgical Errors During Spinal Procedures: Surgeons can cause permanent paralysis if they damage the spinal cord during back surgery, tumor removal, or other procedures because of poor technique, inadequate visualization, or failure to follow established protocols. These errors often constitute clear violations of the surgical standard of care.

• Delayed Diagnosis of Spinal Infections: Failure to promptly diagnose and treat spinal epidural abscesses or osteomyelitis can lead to permanent cord compression and paralysis. Medical staff may be liable for resulting injuries if they ignore classic symptoms like severe back pain, fever, and neurological changes.

• Medication Errors Affecting the Spine: Incorrect spinal injections, wrong medications administered during epidural procedures, or improper dosing of chemotherapy drugs can cause direct spinal cord damage. These preventable errors represent clear departures from accepted medical practice.

• Emergency Room Mismanagement: When emergency staff fail to properly immobilize trauma patients with potential spinal injuries or miss critical signs of spinal cord compression, secondary injuries can occur that worsen or create paralysis.

• Failure to Monitor Post-Surgical Complications: After spinal surgery, patients require careful monitoring for signs of hematoma, infection, or hardware failure. When medical staff fail to recognize and respond to these complications promptly, permanent spinal cord damage may result.

• Anesthesia Complications: Improper positioning during surgery, direct needle trauma during spinal anesthesia, or failure to monitor spinal cord perfusion can cause ischemic injury and permanent paralysis.

Our firm represents spinal cord injury victims at federal medical facilities throughout Maine, where complex surgical procedures and emergency treatments carry inherent risks that require the highest standards of care.

Togus VA Medical Center (Augusta) - This major VA medical center provides comprehensive surgical and emergency services where spinal cord injuries can occur during neurosurgical procedures, emergency trauma treatment, or post-operative complications.

Naval Health Clinic New England Detachment (Brunswick) - Military treatment facility serving active duty personnel and their families, where spinal injuries may result from surgical errors or emergency care negligence.

Maine Military Authority Medical Facilities - Various military installations throughout Maine where service members receive medical care that may involve spinal procedures or emergency treatment.

Federally Qualified Health Centers - FTCA-covered community health centers throughout Maine that provide medical services where spinal injuries can occur during procedures or emergency care.

View all Maine VA & Military Facilities

• Your injury occurred during a routine procedure that should not typically cause spinal damage
• Medical staff ignored your complaints of severe back pain, numbness, or weakness following treatment
• You developed paralysis or loss of sensation after spinal surgery when this was not discussed as a likely risk
• Emergency room staff failed to immobilize your spine after trauma or failed to order appropriate imaging
• Your spinal infection was misdiagnosed as muscle strain or other minor conditions despite classic symptoms
• You experienced sudden onset of paralysis during or immediately after a medical procedure
• Medical records show delays in treatment when you presented with clear signs of spinal cord compression
• Multiple medical opinions suggest your injury was preventable with proper care

Economic Damages

Victims of spinal cord injuries face substantial lifetime economic losses. Recoverable economic damages include lifetime medical care costs, which can exceed $4.7 million for complete high-level injuries according to the National Spinal Cord Injury Statistical Center. Additional economic damages encompass specialized equipment costs including wheelchairs, vehicle modifications, and home accessibility renovations. Lost wages and diminished earning capacity represent significant damages, particularly for younger victims who face decades of reduced income potential. Ongoing rehabilitation expenses including physical therapy, occupational therapy, and psychological counseling are also recoverable.

Non-Economic Damages

Non-economic damages address the profound personal impact of spinal cord injuries. Pain and suffering compensation recognizes both the physical pain and emotional trauma associated with paralysis and loss of bodily function. Loss of enjoyment of life damages account for the inability to participate in activities, hobbies, and experiences that previously brought fulfillment. Emotional distress damages recognize the psychological impact of permanent disability, including depression, anxiety, and adjustment disorders. Loss of consortium damages may be available to spouses for the impact on marital relationships and intimacy.

Maine-Specific Considerations

Under Maine's medical malpractice statutes, damage caps may apply to certain categories of damages in state court cases. However, FTCA claims are filed in federal court and are generally not subject to state damage caps. The Federal Tort Claims Act (28 U.S.C. § 2674) allows recovery of damages "in accordance with the law of the place where the act or omission occurred," but federal courts have consistently held that state damage caps do not apply to FTCA claims against the United States government. This distinction can be significant in high-value spinal cord injury cases where Maine's caps might otherwise limit recovery.

Statute of Limitations

The Federal Tort Claims Act (28 U.S.C. § 2401(b)) requires you to file an administrative claim within two years of discovering medical negligence caused your spinal cord injury. Maine's general medical malpractice statute of limitations is three years from the date of the alleged malpractice, but FTCA claims follow federal deadlines. The discovery rule may apply in cases where the connection between medical treatment and spinal cord damage was not immediately apparent, but strict adherence to the two-year federal deadline is critical for preserving your legal rights.

Expert Witness Requirements

Maine requires medical expert testimony in malpractice cases to establish the applicable standard of care and demonstrate how it was breached. For spinal cord injury cases, this typically requires testimony from neurologists, neurosurgeons, or other specialists familiar with spinal care protocols. Federal courts hearing FTCA cases apply the Daubert standard for expert witness admissibility, requiring that expert opinions be based on reliable scientific methods and principles. The complexity of spinal cord injury cases often necessitates multiple medical experts to address different aspects of care and causation.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date you discovered (or reasonably should have discovered) that your spinal cord injury was caused by medical negligence at a federal facility. This federal deadline applies regardless of Maine's three-year medical malpractice statute of limitations for civilian cases.

Maine spinal cord injury victims can recover both economic damages (medical expenses, lost wages, equipment costs) and non-economic damages (pain and suffering, loss of enjoyment of life). Because FTCA claims are filed in federal court, state damage caps typically do not apply, allowing for full compensation of catastrophic injuries that often involve millions in lifetime costs.

Maine's medical malpractice damage caps generally do not apply to FTCA claims filed in federal court against the U.S. government. Under federal law (28 U.S.C. § 2674), the government's liability is determined by state law, but federal courts have consistently held that state damage caps do not limit recovery against the federal government.

You cannot sue individual military doctors or VA physicians personally. Under the FTCA, your claim must be filed against the United States government. The Feres Doctrine may bar active duty service members from suing for injuries incident to military service, though recent NDAA provisions have created limited exceptions for certain medical malpractice claims.

Yes, spinal cord injury cases require expert medical testimony to establish the standard of care and prove negligence. Federal courts apply the Daubert standard for expert admissibility. Your expert must be qualified in the relevant medical specialty and able to demonstrate how the treatment you received fell below accepted standards.

FTCA cases typically take 2-4 years from filing to resolution. The process begins with a mandatory administrative claim that the government has six months to investigate. If denied, you have six months to file a federal lawsuit. Complex spinal cord injury cases often require extensive medical discovery and multiple expert witnesses, which can extend the timeline.

Emergency situations do not excuse medical negligence, but courts apply the standard of care appropriate to emergency circumstances. If medical staff failed to follow established emergency protocols for spinal immobilization or failed to recognize clear signs of spinal cord compression, liability may still exist despite the emergency setting.

Spouses may recover loss of consortium damages for the impact on marital relationships. If the spinal cord injury resulted in death, family members may pursue wrongful death claims under the FTCA. Children and spouses can recover for loss of support, companionship, and guidance in fatal cases.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Maine 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.

• Maine FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Maine 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 Maine, 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 Maine 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 Maine Spinal Cord Injury victims. Our Maine 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 Maine 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.

Maine VA Malpractice Information

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

Other Maine Case Types We Handle

• Maine Surgical Errors Cases
• Maine Emergency Room Errors Cases
• Maine 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 or a family member suffered a spinal cord injury while receiving care at a VA facility in Maine, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows veterans and their families to seek compensation when negligent medical care at VA hospitals or clinics results in serious injuries.

It's important to know that strict deadlines apply to FTCA claims. You must file your administrative claim within two years of when you knew or should have known about the injury and its cause. Once you file the administrative claim using Standard Form 95, the VA has six months to investigate and respond. If the VA denies your claim or fails to respond within six months, you then have six months to file a federal lawsuit.

For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your claim. These complex cases require deep understanding of both medical standards of care and how spinal cord injuries develop and progress. A doctor-attorney can better identify deviations from the standard of care, analyze medical records, and effectively communicate with medical experts who may need to testify in your case.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages and earning capacity, costs of home modifications and adaptive equipment, and compensation for pain and suffering. For spinal cord injury cases in Maine, these damages often include specialized medical care, rehabilitation services, home health care, and necessary accessibility modifications to your home and vehicle.

Don't wait to explore your legal options. Many law firms specializing in veteran FTCA claims offer free initial case evaluations to help you understand your rights and the strength of your potential claim. During this consultation, an experienced attorney can review your medical records, explain the FTCA process in detail, and help you determine the best path forward. Remember, these cases are handled on a contingency fee basis, meaning you pay no attorney fees unless you receive compensation for your injuries.

Time is critical in these cases, both for preserving evidence and meeting FTCA deadlines. Contact a qualified attorney today to protect your rights and ensure you receive the compensation you deserve for your spinal cord injury.

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

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