Maine VA & Military Wrongful Death Malpractice Attorneys

Families expect competent, life-saving care when they entrust loved ones to Maine's VA medical centers and military hospitals. Tragically, medical negligence at these federal facilities can result in preventable deaths, leaving families devastated and searching for answers. Maine's wrongful death statute (18-C M.R.S. § 2-807) allows families to seek justice after medical malpractice kills their loved one.

At the Archuleta Law Firm, our founding attorney is a licensed attorney and medical doctor, providing unique expertise in complex medical issues that lead to wrongful death cases. We've recovered over $145 million for military families and veterans who suffered losses due to federal medical negligence. Maine law states wrongful death occurs when "the death of a person is caused by a wrongful act, neglect or default" that would have entitled the injured party to damages if they had survived.

If medical malpractice at a Maine VA or military facility caused you to lose a loved one, you have legal rights under the Federal Tort Claims Act (FTCA). Attorneys who understand Maine state law and federal FTCA procedures are required to protect your family's rights.

• Failure to Diagnose Heart Attack or Stroke: When emergency department staff fail to recognize the warning signs of cardiac events or stroke, delays in treatment can result in death. Missing critical symptoms like chest pain patterns or neurological deficits constitutes a breach of the standard of care.

• Medication Errors and Drug Interactions: Prescribing incorrect medications, wrong dosages, or failing to check for dangerous drug interactions can cause fatal reactions. Hospital pharmacists and physicians have a duty to verify medications and monitor for adverse effects.

• Surgical Complications and Post-Operative Negligence: Preventable surgical errors, inadequate post-operative monitoring, or failure to recognize complications like internal bleeding or infections can lead to death. Surgeons and nursing staff must follow established protocols for patient safety.

• Delayed Treatment in Emergency Situations: Triage errors that result in delayed treatment for critical conditions like sepsis, pulmonary embolism, or internal bleeding can be fatal. Emergency medical staff must properly assess and prioritize patients based on severity of symptoms.

• Anesthesia Errors During Surgery: Improper administration of anesthesia, failure to monitor vital signs, or inadequate pre-operative assessment can result in cardiac arrest or brain death. Anesthesiologists must maintain vigilant monitoring throughout procedures.

• Failure to Prevent or Treat Hospital-Acquired Infections: Patients die from preventable infections when healthcare providers ignore infection control protocols or miss sepsis signs. Hospitals have established standards for preventing and treating healthcare-associated infections.

We represent families in wrongful death cases throughout Maine's federal healthcare system, including major VA medical centers and military treatment facilities where complex medical procedures and emergency care create the highest risk for fatal medical errors.

• Togus VA Medical Center, Augusta - Maine's primary VA medical center providing comprehensive healthcare services where surgical errors, medication mistakes, and diagnostic failures can result in preventable deaths.

• Portsmouth Naval Shipyard Medical Facility, Kittery - Military treatment facility serving active duty personnel and their families where emergency care and occupational health services may involve life-threatening medical decisions.

• Maine Military Authority Medical Facilities - Various National Guard and Reserve medical facilities throughout the state where service members receive healthcare that must meet federal standards of care.

View all Maine VA & Military Facilities

• Sudden deterioration after routine procedure - If your loved one was stable before a routine surgery or treatment and died unexpectedly without clear explanation
• Multiple medication changes before death - When doctors made frequent changes to medications or prescribed new drugs shortly before the fatal event
• Delayed response to emergency symptoms - If medical staff failed to act quickly when your loved one showed signs of heart attack, stroke, or other medical emergency
• Missing or incomplete medical records - When the hospital cannot provide complete documentation of care or records appear altered or incomplete
• Staff avoided discussing the cause of death - If doctors or nurses seemed evasive when explaining what happened or refused to provide clear answers
• Second opinion suggested different treatment - When another physician indicates that different treatment could have prevented the death
• Death occurred during shift change or understaffing - If the fatal incident happened during known periods of reduced staffing or poor communication between medical teams

Economic Damages

Maine wrongful death law allows recovery for all "pecuniary injuries resulting from the death" with no statutory cap on economic damages. These include lifetime lost earnings based on the deceased's age, education, and career trajectory, funeral and burial expenses including memorial services and cemetery costs, medical and hospital bills incurred before death including emergency treatment and intensive care, loss of benefits such as health insurance, pension contributions, and Social Security, and household services the deceased would have provided including childcare, home maintenance, and financial management.

Non-Economic Damages

Under Maine law (18-C M.R.S. § 2-807), families can recover damages for "loss of comfort, society and companionship of the deceased, including any damages for emotional distress." These non-economic damages include loss of companionship and emotional support, grief and mental anguish suffered by surviving family members, loss of guidance and counsel for children and spouses, and loss of consortium for surviving spouses. However, Maine caps these non-economic damages at $1,000,000, adjusted for inflation.

Maine-Specific Considerations

Maine law permits punitive damages in wrongful death cases up to a maximum of $500,000 when the defendant's conduct was particularly egregious (18-C M.R.S. § 2-807). For FTCA claims, Maine state law applies to determine damages, but federal courts must determine whether Maine's damage caps apply to federal claims or whether federal limitations under 28 U.S.C. § 2675 take precedence. Additionally, if the deceased experienced conscious pain and suffering before death, Maine allows separate damages for this suffering period, which are distributed exclusively to beneficiaries under the same limitations as wrongful death damages.

Maine Legal Requirements for Wrongful Death Claims

Statute of Limitations

Federal FTCA wrongful death claims must begin with filing Standard Form 95 within two years of the alleged malpractice event (28 C.F.R. § 14.2). However, Maine's medical malpractice statute of limitations is three years from the date of the alleged malpractice, and Maine courts have determined that "the three-year medical malpractice statute trumps the two-year wrongful death deadline." Maine's three-year deadline operates as a "statute of repose," providing an absolute outside limit that is not necessarily subject to expansion through the discovery rule.

Expert Witness Requirements

Maine requires qualified medical experts to establish the standard of care and prove that negligence caused the wrongful death. In federal FTCA cases, expert testimony must meet the Daubert standard for admissibility, which may differ from Maine state court requirements. Medical experts must be qualified in the same specialty as the defendant physician and familiar with the applicable standard of care at the time of the incident.

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

For FTCA wrongful death claims, you must file Standard Form 95 within two years of the malpractice event. However, Maine's medical malpractice statute allows three years from the date of malpractice, and this longer period may apply to federal claims. The three-year deadline is a statute of repose with limited exceptions.

Maine allows unlimited economic damages including lost earnings, medical bills, and funeral expenses. Non-economic damages for loss of companionship and emotional distress are capped at $1,000,000 (adjusted for inflation). Punitive damages are available up to $500,000 in cases of egregious conduct under Maine law (18-C M.R.S. § 2-807).

Maine state law applies to determine damages in FTCA cases, but federal courts must decide whether Maine's $1,000,000 non-economic damage cap applies to federal claims or whether federal FTCA limitations take precedence. This complex interaction requires experienced legal analysis of both state and federal law.

You cannot sue individual military doctors personally. Under the FTCA, your claim must be filed against the United States government. The proper defendant is the United States of America, not the individual healthcare provider or military hospital.

Yes, Maine requires qualified medical expert testimony to prove malpractice caused the wrongful death. In federal court, experts must meet the Daubert standard for admissibility. The expert must be qualified in the same medical specialty and familiar with applicable standards of care.

FTCA cases typically take 18-36 months from filing Standard Form 95 to resolution. The government has six months to respond to your administrative claim, and if denied, you have six months to file a federal lawsuit. Complex wrongful death cases involving multiple medical issues may take longer to reach settlement or trial.

Under Maine law (18-C M.R.S. § 2-807), wrongful death damages are distributed directly to heirs according to Maine's intestacy laws without becoming part of the probate estate. The personal representative files the claim, but damages go directly to surviving family members as specified by statute.

Yes, if your loved one experienced conscious pain and suffering before death due to the wrongful acts, Maine law allows separate damages for this suffering period (18-C M.R.S. § 2-807). These damages are exclusively for beneficiaries and subject to the same limitations as wrongful death damages.

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

• 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 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 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 Wrongful Death victims. Our Maine 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 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

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 Maine, you have important rights under the Federal Tort Claims Act (FTCA), but strict deadlines apply. You must file your administrative claim within two years from when you knew or should have known about the negligence that caused the death. This is done by submitting Standard Form 95 to the Department of Veterans Affairs, which then has six months to investigate and respond to your claim before you can file a lawsuit.

Working with an attorney who is also a licensed medical doctor can be crucial for FTCA wrongful death cases. These specialized professionals understand both the complex medical issues and legal requirements unique to VA cases. They can accurately identify medical negligence, effectively communicate with VA physicians, and properly value the full extent of damages. This medical-legal expertise is particularly important during the mandatory administrative claim process, where building a strong scientific foundation for your case is essential.

Through an FTCA wrongful death claim, you may be able to recover several types of damages. 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 deceased's pain and suffering before death. Maine law also allows surviving family members to recover damages for loss of companionship, care, and comfort. Additionally, if your loved one was the family breadwinner, you may be entitled to compensation for loss of financial support.

If you believe your family member died due to negligent VA medical care, it's important to have your case evaluated as soon as possible. Many experienced FTCA attorneys offer free, confidential consultations to veterans' families in Maine. During this evaluation, they can assess whether you have a viable claim, explain the FTCA process in detail, and help ensure your rights are protected. Don't let crucial deadlines pass - reaching out for a free case review can help you understand your options and take the first step toward holding the VA accountable while securing the compensation your family deserves.

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