Maryland VA & Military Wrongful Death Malpractice Attorneys

Families expect the highest standards of professional medical care when they trust Maryland's VA medical centers and military hospitals with their loved ones. Tragically, medical negligence at these federal facilities can result in preventable deaths, leaving families devastated and seeking answers about what went wrong.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor, bringing a unique perspective to wrongful death cases. Our dual expertise helps us identify negligence and understand required medical standards of care. Over our 25+ years of practice, we have recovered more than $145 million for families who lost loved ones due to medical malpractice at federal facilities birth injuries at military hospitals.

If you lost a family member due to suspected medical negligence at a Maryland VA or military hospital, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand these rights and Maryland's legal requirements to protect your family and secure justice.

• Failure to Diagnose Critical Conditions: When medical staff miss or delay diagnosing heart attacks, strokes, sepsis, or other life-threatening conditions, patients can die from treatable illnesses that should have been caught with proper examination and testing.

• Medication Errors and Drug Interactions: Prescribing incorrect medications, wrong dosages, or failing to check for dangerous drug interactions can result in fatal reactions, especially in elderly veterans with multiple health conditions.

• Surgical Complications and Post-Operative Neglect: Deaths can occur from surgical errors, anesthesia mistakes, or failure to properly monitor patients after surgery for signs of infection, bleeding, or other complications.

• Emergency Room Mismanagement: Failing to properly triage patients, delayed treatment of emergency conditions, or discharging patients who should have been admitted for observation can lead to preventable deaths.

• Hospital-Acquired Infections: Poor infection control protocols, unsanitary conditions, or failure to properly treat infections like MRSA or C. difficile can result in sepsis and death, particularly among immunocompromised patients.

• Inadequate Staffing and Communication Failures: Insufficient nursing staff and poor team communication can lead to missed symptoms and delayed life-saving interventions.

Our firm represents families who lost loved ones due to medical negligence at major federal medical facilities throughout Maryland. These facilities handle complex cases and high patient volumes, which can sometimes lead to medical errors with fatal consequences.

Major Maryland Federal Medical Facilities:

• Baltimore VA Medical Center, Baltimore: This large VA medical center provides comprehensive care to thousands of veterans, with wrongful deaths sometimes occurring due to delayed diagnosis or medication errors in their busy emergency and inpatient departments.

• Perry Point VA Medical Center, Perry Point: Serving veterans with extended care needs, wrongful deaths here often involve failure to properly monitor patients with chronic conditions or inadequate infection control protocols.

• Walter Reed National Military Medical Center, Bethesda: As one of the nation's premier military hospitals, even this facility can experience wrongful deaths due to surgical complications or post-operative care failures.

• Fort Detrick Medical Facilities, Frederick: Military treatment facilities here may experience wrongful deaths related to emergency care delays or failure to properly coordinate care between different medical specialties.

View all Maryland VA & Military Facilities

• Sudden, unexpected death in a patient who was stable or improving may indicate missed complications, medication errors, or failure to monitor vital signs properly

• Death following a "routine" procedure or surgery where complications should have been manageable with proper post-operative care and monitoring

• Multiple hospital readmissions before death suggesting the underlying condition was not properly diagnosed or treated during earlier visits

• Death after medical staff dismissed or minimized serious symptoms such as chest pain, difficulty breathing, or severe abdominal pain

• Conflicting explanations from medical staff about what caused the death or reluctance to provide detailed information about the circumstances

• Death from hospital-acquired infections especially when the patient was admitted for unrelated conditions and proper infection control should have prevented transmission

• Medication-related death particularly when the patient had known allergies, was taking multiple medications, or received incorrect dosages

Economic Damages

Maryland wrongful death cases can recover significant economic damages to compensate families for their financial losses. Economic damages include the deceased's lost lifetime earnings, which can exceed $1 million for younger victims based on their career. Medical expenses incurred before death, including emergency treatment, hospital stays, and intensive care costs, are fully recoverable. Funeral and burial expenses, typically ranging from $7,000 to $15,000, are included in economic damages. Loss of benefits such as health insurance, retirement contributions, and military benefits that family members would have received are also compensable. Finally, the value of services the deceased provided to the household, including childcare, home maintenance, and other domestic contributions, can be calculated and recovered.

Non-Economic Damages

Non-economic damages compensate for the intangible losses that cannot be easily quantified in dollars. These include the mental anguish and emotional suffering experienced by surviving family members following the wrongful death. Non-economic damages significantly compensate for the loss of companionship, guidance, and emotional support the deceased gave to their family. Surviving spouses can also recover for loss of consortium, covering the emotional and physical aspects of the marital relationship. Pain and suffering the deceased may have experienced before death, if conscious and aware, can be included in the damages calculation.

Maryland-Specific Considerations

Maryland's wrongful death statute (Maryland Code, Estates and Trusts § 7-401) caps non-economic damages, but the cap increases annually. As of October 2024, the cap on non-economic damages is $950,000, though this amount increases each year based on inflation adjustments. However, since FTCA claims are filed in federal court against the United States government, federal law may apply different damage calculations than state law. Maryland follows a contributory negligence rule, meaning if the deceased contributed to their own death, it could potentially bar recovery entirely, though this rarely applies in medical malpractice cases involving hospital negligence.

Maryland Legal Requirements for Wrongful Death Claims

Statute of Limitations

Under the Federal Tort Claims Act (28 U.S.C. § 2401), wrongful death claims against VA and military hospitals must be filed within two years of the date of death or when the negligence was discovered. Maryland's discovery rule may extend this deadline if the malpractice was not immediately apparent, but federal courts apply this rule strictly. Missing this deadline completely bars your claim, making prompt legal consultation essential.

Expert Witness Requirements

Maryland requires expert medical testimony in wrongful death malpractice cases to establish the standard of care, how it was breached, and how that breach caused the death. Under Maryland Courts and Judicial Proceedings Code § 3-2A-04, plaintiffs must obtain a certificate of merit from a qualified medical expert before filing suit. The expert must be licensed to practice medicine and have experience in the same specialty as the defendant medical provider.

Administrative Requirements

Before filing a federal lawsuit, you must first file an administrative claim with the appropriate federal agency using Standard Form 95. This claim must include detailed information about the negligence and damages sought. The agency has six months to investigate and respond to your claim.

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

For wrongful death claims against Maryland VA and military hospitals, the Federal Tort Claims Act requires filing within two years of the death or discovery of the negligence. This federal deadline supersedes Maryland's state statute of limitations and is strictly enforced by federal courts.

Maryland wrongful death cases can recover both economic damages (lost earnings, medical expenses, funeral costs) and non-economic damages (mental anguish, loss of companionship) up to Maryland's current cap of $950,000 for non-economic damages. However, federal FTCA claims may apply different damage calculations than state law.

Maryland caps non-economic damages in wrongful death cases at $950,000 (as of 2024), but this cap increases annually. Since FTCA claims are federal cases, courts may apply federal damage standards rather than Maryland's caps, potentially allowing higher recovery in some circumstances.

You cannot sue individual military doctors personally, but you can file a Federal Tort Claims Act claim against the United States government for the negligence of military medical personnel. The government becomes liable for the negligent acts of its employees, including military doctors and VA physicians.

Yes, Maryland requires expert medical testimony in wrongful death malpractice cases. You must obtain a certificate of merit from a qualified medical expert who practices in the same specialty as the defendant medical provider and can testify about the standard of care that was breached.

Maryland wrongful death cases against federal facilities typically take 18-36 months to resolve. You must first file an administrative claim and wait at least six months for the government's response before filing a federal lawsuit. Complex cases involving multiple medical issues may take longer to investigate and litigate.

Maryland follows a contributory negligence rule, which can bar recovery if the deceased contributed to their own death. However, this rarely applies in hospital malpractice cases where the negligence involves professional medical care that patients reasonably rely upon.

Yes, if the wrongful death occurred at a Maryland VA or military facility, family members can file FTCA claims regardless of where they live. Federal wrongful death claims are filed in the federal district where the negligence occurred, which would be Maryland's federal courts.

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

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

Maryland VA Malpractice Information

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

Other Maryland Case Types We Handle

• Maryland Surgical Errors Cases
• Maryland Emergency Room Errors Cases
• Maryland 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're a veteran or military family member in Maryland who has lost a loved one due to negligent medical care at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to seek compensation from the federal government, but you must carefully follow specific deadlines and procedures.

You have two years from the date of the incident (or from when you reasonably should have known about the negligence) to file an administrative claim using Standard Form 95. Once you submit this claim to the appropriate federal agency, they have six months to respond. If the agency denies your claim or fails to respond within six months, you then have six months to file a lawsuit in federal court.

Having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can quickly identify medical negligence, understand complex medical records, and effectively communicate with medical experts. Their unique dual perspective allows them to better explain to a judge or jury how the standard of care was breached and how that breach directly led to your loved one's death.

Through an FTCA 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 (including future earnings), and non-economic damages such as pain and suffering, loss of companionship, and emotional distress. In Maryland, there are specific calculations and caps that apply to wrongful death damages, which your attorney can explain based on your situation.

Time is critical in these cases, both for preserving evidence and meeting FTCA deadlines. Many law firms that specialize in military medical malpractice offer free, confidential case evaluations to help you understand your options. During this consultation, an experienced attorney can review your situation, explain the FTCA process in detail, and help you determine the best path forward for your family. Don't let uncertainty about the legal process prevent you from seeking the justice and compensation your family deserves - reach out today to have your case reviewed by a qualified professional.

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

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