Massachusetts VA & Military Wrongful Death Malpractice Attorneys

When families entrust their loved ones to Massachusetts VA medical centers and military hospitals, they expect life-saving care. Tragically, medical negligence at these federal facilities can result in preventable deaths, leaving families devastated and searching for answers. Each wrongful death violates the medical standard of care meant to protect our veterans and service members.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor (MD/JD), providing unique insights into complex medical negligence cases that lead to wrongful death. This dual expertise allows us to identify medical errors that other attorneys might miss and effectively challenge the government's defense strategies.

Under the Federal Tort Claims Act (FTCA), families have the right to seek compensation when medical malpractice at VA or military facilities causes wrongful death. However, FTCA claims against the U.S. government involve complex procedures and strict deadlines. These are different from civilian medical malpractice cases.

• Failure to Diagnose Heart Attack or Stroke: Patients die needlessly when emergency room staff dismiss chest pain or stroke symptoms as minor conditions instead of immediately treating these medical emergencies.

• Medication Errors and Drug Interactions: Prescribing incorrect dosages, failing to check for dangerous drug interactions, or administering the wrong medication can cause fatal reactions, particularly in elderly veterans taking multiple medications.

• Surgical Complications and Errors: Operating on the wrong body part, leaving surgical instruments inside patients, or failing to properly monitor patients during surgery can lead to fatal infections, hemorrhaging, or organ failure.

• Delayed Cancer Diagnosis: When radiologists misread imaging studies or physicians fail to follow up on suspicious symptoms, treatable cancers can progress to terminal stages, robbing patients of their chance for survival.

• Post-Operative Neglect: Failing to monitor patients for signs of infection, blood clots, or other post-surgical complications can result in preventable deaths from conditions like sepsis or pulmonary embolism.

• Emergency Room Mismanagement: Inadequate triage, failure to stabilize critical patients, or discharging patients with serious conditions can lead to death from conditions that proper emergency care could have prevented.

Our firm represents families in wrongful death cases throughout Massachusetts's federal medical system. We have experience with cases involving negligence at major VA medical centers and military treatment facilities where complex medical errors can prove fatal.

• VA Boston Healthcare System (Jamaica Plain): As one of the largest VA medical centers in New England, this facility handles complex cases where diagnostic errors or surgical complications can result in wrongful death.

• Hanscom Air Force Base Medical Clinic (Bedford): This military treatment facility serves active duty personnel and their families, where emergency care failures or medication errors can have fatal consequences.

• VA Boston Healthcare System - West Roxbury Campus: This campus handles specialized care including mental health services, where medication management errors or inadequate suicide prevention can lead to preventable deaths.

• Westover Air Reserve Base Medical Clinic (Chicopee): Reserve and National Guard members receive care here, where delayed diagnosis or inadequate emergency response can prove fatal.

View all Massachusetts VA & Military Facilities

• Sudden, unexpected death after routine medical procedures or hospital stays
• Death following missed or delayed diagnosis despite clear symptoms
• Fatal complications from medications that should have been contraindicated
• Death after being discharged from emergency room with serious symptoms
• Preventable death following surgical errors or post-operative complications
• Fatal infections acquired during hospitalization (hospital-acquired infections)
• Death resulting from failure to respond to medical emergencies or code situations
• Wrongful death following inadequate monitoring during high-risk procedures

In Massachusetts wrongful death cases, families can recover economic losses, including lost lifetime earnings based on the deceased's age, education, and career. Families may recover funeral and burial expenses, medical bills related to the final illness or injury, and the value of services the deceased would have provided to the household. Lost pension, Social Security, and health insurance are additional economic damages. The loss of inheritance that would have accumulated can also be recovered.

Massachusetts law allows recovery for the conscious pain and suffering experienced by the deceased before death. Families can seek compensation for their own grief, loss of companionship, and emotional distress caused by the wrongful death. The loss of guidance, care, and comfort that the deceased provided to surviving family members represents significant non-economic damages. Loss of consortium claims may be available for surviving spouses who lost the companionship and support of their partner.

Under Massachusetts General Law Chapter 229, Section 2, wrongful death damages are recoverable through the estate of the deceased person. Massachusetts does not impose damage caps on wrongful death cases, unlike some states with medical malpractice damage limitations. However, FTCA claims are subject to federal law requirements, and the government cannot be held liable for punitive damages under 28 U.S.C. § 2674. Massachusetts's comparative fault law may reduce damages if the deceased contributed to their own death, though this rarely applies in medical malpractice cases.

Statute of Limitations: The Federal Tort Claims Act requires that wrongful death claims be presented to the appropriate federal agency within two years of the date the claim accrued under 28 U.S.C. § 2401(b). Massachusetts state law provides a three-year statute of limitations for wrongful death claims, but federal law controls in FTCA cases. The discovery rule may extend the deadline in cases where the cause of death was not immediately apparent.

Expert Witness Requirements: Massachusetts requires medical expert testimony in wrongful death cases involving medical malpractice. The expert must be qualified in the same medical specialty and must testify that the defendant's actions fell below the accepted standard of care. In FTCA cases, experts must understand both federal medical standards and the specific protocols used at VA and military facilities.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you must file an administrative claim within two years of when the wrongful death occurred or when you reasonably should have discovered the malpractice caused the death. This federal deadline overrides Massachusetts's three-year state statute of limitations.

Massachusetts General Law Chapter 229, Section 2 allows recovery of economic damages like lost earnings, medical expenses, and funeral costs, plus non-economic damages including conscious pain and suffering of the deceased. However, punitive damages cannot be recovered against the federal government under the FTCA.

Massachusetts does not impose damage caps on wrongful death cases, allowing full recovery of proven economic and non-economic damages. Since FTCA cases are governed by state law for damages, Massachusetts's lack of caps can result in higher compensation compared to states with medical malpractice damage limitations.

No, under the FTCA, you cannot sue individual military doctors or VA physicians personally. Your claim must be filed against the United States government, which assumes liability for the negligent acts of its employees acting within the scope of their employment.

Yes, Massachusetts requires qualified medical expert testimony in wrongful death malpractice cases. The expert must be familiar with the standard of care applicable to the medical specialty involved and must testify that the defendant's actions caused the wrongful death.

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, after which you can file a federal lawsuit if the claim is denied or ignored.

Massachusetts follows comparative fault principles, which could reduce damages proportionally if the deceased contributed to their own death. However, this defense is rarely successful in medical malpractice cases where patients relied on professional medical judgment.

Wrongful death claims for suicide at VA facilities are complex and depend on whether the death resulted from inadequate mental health treatment, medication errors, or failure to implement proper suicide prevention protocols. Each case requires careful analysis of the medical care provided.

When your loved one has suffered a preventable death due to medical negligence at a Massachusetts 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.

• Massachusetts FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Massachusetts 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 Massachusetts, 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 your loved one suffered a preventable death due to medical negligence at a Massachusetts 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 Massachusetts wrongful death victims. Our 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 Massachusetts 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.

Massachusetts VA Malpractice Information

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

Other Massachusetts Case Types We Handle

• Massachusetts Surgical Errors Cases
• Massachusetts Emergency Room Errors Cases
• Massachusetts 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

When you lose a loved one due to negligent medical care at a VA facility in Massachusetts, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you must file your FTCA claim within two years of when you knew or should have known about the medical negligence that led to your loved one's death. This process begins with filing an administrative claim (Form SF-95) with the Department of Veterans Affairs, and the agency has six months to respond before you can file a lawsuit in federal court.

Having an attorney who is also a licensed medical doctor can significantly strengthen your wrongful death claim. 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 potential compensation for military families.

Under the FTCA, you may be entitled to recover various damages related to your loved one's wrongful death. These can include medical expenses incurred before death, funeral and burial costs, lost wages and benefits (including future earnings), and compensation for pain and suffering experienced by both the deceased veteran and surviving family members. Massachusetts law also allows recovery for loss of consortium, which encompasses the loss of companionship, comfort, and guidance that your loved one provided.

If you believe your family member died due to negligent care at a VA facility, you shouldn't wait to explore your legal options. Time is critical not only because of the strict FTCA deadlines but also because evidence needs to be preserved and medical records must be thoroughly reviewed. Many attorneys who specialize in VA medical malpractice cases offer free initial consultations to evaluate your claim. During this consultation, they can assess the strength of your case, explain the FTCA process in detail, and help you understand what compensation might be available for your family's loss. Remember, you served our country - now let an experienced professional serve you by protecting your legal rights and fighting for the justice your family deserves.

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

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