Maine VA & Military Surgical Errors Malpractice Attorneys

When veterans and military families seek surgical care at Maine's VA medical centers and military hospitals, they trust these federal facilities to provide competent, safe treatment. Unfortunately, surgical errors at these institutions can result in devastating complications, permanent disability, and even death. Negligence that violates established medical standards of care often causes these preventable mistakes.

At the Archuleta Law Firm, our founding attorney brings a unique combination of medical and legal expertise as both a licensed physician (MD) and attorney (JD). This dual background allows us to thoroughly understand the complex medical issues in surgical error cases and identify when federal healthcare providers have failed to meet the required standard of care. With over $145 million recovered for clients nationwide, we have the experience to handle even the most complex surgical malpractice cases.

Each year, Maine's federal medical facilities serve thousands of veterans and military personnel, performing routine outpatient procedures and complex emergency surgeries. The high-pressure environment and resource constraints at VA facilities can lead to preventable errors, despite most surgeries being successful. These mistakes can occur during any phase of surgical care, such as pre-operative planning, anesthesia, the surgical procedure, and post-operative monitoring.

If you or a loved one suffered harm due to a surgical error at a Maine VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). To secure the compensation you deserve for medical negligence by federal healthcare providers, you must understand your rights and Maine's legal requirements.

• Wrong-Site Surgery: Wrong-site surgeries breach fundamental safety protocols, typically due to inadequate pre-operative verification.

• Retained Surgical Instruments: Leaving instruments inside patients violates basic counting protocols and risks infections, organ damage, and more surgeries.

• Anesthesia Errors: Improper dosing, failure to monitor vital signs, or inadequate pre-operative assessment can result in brain damage, cardiac arrest, or death during surgical procedures.

• Post-Operative Negligence: If medical staff fail to monitor patients after surgery, miss signs of complications like infections or bleeding, or provide inadequate wound care, routine procedures can become life-threatening.

• Surgical Technique Errors: Cutting or damaging healthy organs, nerves, or blood vessels during surgery due to poor technique, inadequate training, or failure to follow established surgical protocols.

• Communication Failures: Inadequate handoffs between surgical team members, failure to communicate critical patient information, or ignoring patient medical history can lead to preventable complications and errors.

Our firm represents clients who suffered surgical errors at major federal medical facilities throughout Maine, where complex procedures and high patient volumes can sometimes lead to preventable mistakes.

Togus VA Medical Center (Augusta) - As Maine's primary VA medical center, Togus performs thousands of surgical procedures annually, making proper surgical protocols and patient safety measures critical for preventing errors.

Naval Air Station Brunswick (Brunswick) - Military treatment facilities at defense installations provide surgical care to active duty personnel and their families, where operational pressures can sometimes compromise patient safety standards.

Portsmouth Naval Shipyard Medical Facilities (Kittery) - Federal medical facilities serving naval personnel often handle emergency surgeries and trauma cases where time pressure can increase the risk of surgical errors.

View all Maine VA & Military Facilities

• Surgery performed on the wrong body part, wrong organ, or wrong patient entirely
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body after surgery
• Unexpected complications that required additional emergency surgeries to correct
• Severe infections or sepsis following what should have been a routine procedure
• Permanent nerve damage, paralysis, or loss of function not disclosed as a known risk
• Significant bleeding or organ damage discovered after surgery that wasn't part of the planned procedure
• Anesthesia complications resulting in brain damage, cardiac arrest, or prolonged unconsciousness
• Post-operative care that ignored obvious signs of complications or infection

Economic Damages

Surgical error victims in Maine can recover compensation for measurable financial losses, including corrective surgery costs that can range from $50,000 to $200,000 for complex procedures, lifetime medical care and rehabilitation expenses, lost wages and diminished earning capacity due to permanent disabilities, prescription medications and medical equipment costs, home healthcare and nursing care expenses, and travel costs for specialized treatment at distant medical facilities.

Non-Economic Damages

Maine law also recognizes compensation for intangible losses such as physical pain and suffering from the original error and subsequent corrective procedures, emotional distress and mental anguish from unexpected complications, loss of enjoyment of life due to permanent disabilities or disfigurement, impact on family relationships and intimate companionship, and anxiety and depression related to ongoing medical problems.

Maine-Specific Considerations

Under the Federal Tort Claims Act (28 U.S.C. § 2674), damage awards for federal medical malpractice cases are governed by the law of the state where the negligence occurred. Maine does not impose damage caps on medical malpractice awards, allowing full compensation for both economic and non-economic losses. However, FTCA claims are decided by federal judges rather than juries, and the federal government cannot be held liable for punitive damages under the Act.

Statute of Limitations: The Federal Tort Claims Act requires filing an administrative claim with the appropriate federal agency within two years of when you knew or should have discovered the injury and its cause (28 U.S.C. § 2675). Maine's discovery rule may extend this deadline in cases where the surgical error wasn't immediately apparent, such as retained surgical instruments discovered years later.

Expert Witness Requirements: Maine requires qualified medical experts to establish the standard of care and prove that surgical errors constitute malpractice. In surgical error cases, this typically requires testimony from board-certified surgeons in the same specialty who can explain how the defendant's actions fell below accepted medical standards.

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. § 2675), you have two years from the date you discovered or should have discovered the surgical error to file an administrative claim. For obvious errors like wrong-site surgery, this deadline begins immediately, but for retained surgical instruments discovered years later, the deadline starts when the object is found.

Maine allows full compensation for both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress) without statutory caps. However, FTCA claims cannot include punitive damages against the federal government.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by federal employees. The government becomes liable for surgical errors committed by military physicians acting within their scope of employment.

Yes, Maine requires qualified medical experts to prove surgical malpractice cases. These experts must be board-certified in the same surgical specialty and able to testify about the applicable standard of care and how the defendant's actions constituted negligence.

FTCA surgical error cases typically take 18-36 months to resolve, beginning with a six-month administrative review period. Complex cases involving permanent disabilities or multiple defendants may take longer, especially if the case proceeds to federal court trial.

VA hospital surgical errors are covered under the FTCA, allowing you to seek compensation from the federal government. You must first file an administrative claim with the VA, and if denied or ignored, you can then file a lawsuit in federal court.

Yes, if the complication resulted from negligent surgical technique rather than an inherent risk of the procedure. Medical experts can help distinguish between unavoidable complications and those caused by surgical errors or substandard care.

Essential evidence includes complete medical records from the surgery and follow-up care, operative reports and surgical notes, imaging studies showing the error or complications, expert medical testimony about the standard of care, and documentation of all damages and financial losses resulting from the error.

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

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

If you're a veteran or military family member who has experienced a surgical error at a VA facility in Maine, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at a VA facility has caused harm, but there are strict deadlines you must follow to protect your rights.

You have two years from the date you discovered (or reasonably should have discovered) the surgical error to file an administrative claim with the VA using Standard Form 95. This is a critical deadline - missing it typically means losing your right to pursue compensation entirely. Once you file your claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor can be invaluable in surgical error cases. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their unique combination of medical and legal expertise allows them to build stronger cases and maximize your potential compensation.

Through an FTCA claim, you may be eligible to recover various damages, including all past and future medical expenses related to correcting the surgical error, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. For military families, this can also include the cost of long-term care and support services needed due to the surgical error.

If you or a family member has experienced a surgical error at a Maine VA facility, you should consider having your case evaluated by an experienced FTCA attorney as soon as possible. Many firms specializing in VA medical malpractice offer free initial consultations and case evaluations. During this consultation, they can review your medical records, explain your legal options, and help you understand if you have a viable claim. Time is critical in these cases, so don't wait to seek professional guidance about your rights and options under the FTCA.

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

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