Texas VA & Military Brain Injury Malpractice Attorneys

Veterans and military families trust Texas VA medical centers and military hospitals to deliver competent neurological care. Medical negligence in diagnosing or treating traumatic brain injuries can devastate patients and their families for decades.

The Centers for Disease Control and Prevention reports that traumatic brain injury causes 2.87 million emergency visits, hospitalizations, and deaths annually, making it a leading cause of death and disability in the United States. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—providing us with unique insight into brain injury cases and the complex medical standards of care that govern neurological treatment.

The Federal Tort Claims Act (FTCA) protects veterans and military personnel from brain injuries caused by medical negligence at federal facilities. The FTCA allows claims against the U.S. government for damages caused by negligent federal employees, including doctors and nurses at Texas VA and military hospitals.

• Delayed Diagnosis of Stroke or Aneurysm: When emergency room staff fail to recognize warning signs of stroke or cerebral aneurysm, delayed treatment can result in massive brain damage that could have been prevented with timely intervention.

• Surgical Errors During Brain Surgery: Improper technique, wrong-site surgery, or failure to maintain sterile conditions during neurosurgical procedures can cause direct brain trauma, infections, or bleeding that leads to permanent cognitive impairment.

• Medication Errors and Drug Interactions: Incorrect blood thinner dosages, failure to monitor anticoagulation therapy, or prescribing contraindicated medications can cause cerebral hemorrhages or prevent proper blood clotting after head trauma.

• Failure to Monitor Intracranial Pressure: After head trauma or surgery, medical staff must carefully monitor and manage intracranial pressure. Failure to recognize and treat increased pressure can cause brain herniation and irreversible damage.

• Misdiagnosis of Traumatic Brain Injury: If emergency room physicians fail to evaluate head trauma patients or misinterpret CT scans, they may discharge patients with undiagnosed brain bleeds or swelling, leading to catastrophic outcomes.

• Anesthesia Complications: Inadequate oxygen delivery, improper intubation, or failure to monitor vital signs during surgery can cause hypoxic brain injury and permanent neurological deficits.

Our firm represents brain injury victims at major federal medical facilities throughout Texas, where complex neurological care is provided to veterans and military personnel.

• Michael E. DeBakey VA Medical Center (Houston): As one of the largest VA medical centers in the nation, this facility provides comprehensive neurological services, but the high patient volume can sometimes lead to rushed diagnoses or inadequate monitoring of brain injury patients.

• South Texas Veterans Health Care System (San Antonio): This major VA facility serves a large veteran population and provides neurosurgical services where surgical errors or post-operative complications can result in brain injuries.

• Brooke Army Medical Center (San Antonio): As the Department of Defense's premier medical facility for treating combat injuries, brain trauma cases here often involve complex medical decisions where standard of care violations can have devastating consequences.

• Dallas VA Medical Center (Dallas): This facility provides emergency neurological care where delayed diagnosis of stroke or traumatic brain injury can result in preventable brain damage.

View all Texas VA & Military Facilities

• Medical staff dismissed or ignored obvious neurological symptoms like severe headaches, confusion, or loss of consciousness after head trauma
• Emergency room physicians failed to order appropriate brain imaging (CT or MRI) despite clear indications of head injury
• Doctors discharged you from the hospital despite ongoing neurological symptoms or abnormal test results
• Surgical complications occurred that were not properly explained or seemed to result from obvious errors in technique
• Medical records show significant delays in treatment after stroke symptoms were first reported to hospital staff
• Medication errors occurred that affected blood clotting or brain function, leading to bleeding or oxygen deprivation
• Post-operative monitoring was inadequate, and brain swelling or pressure changes went unrecognized until permanent damage occurred

Texas law allows recovery of substantial economic damages in brain injury cases, which often involve the highest medical costs of any injury type. These include lifetime neurological rehabilitation costs, which can exceed $1 million for severe brain injuries requiring 24-hour care. Occupational therapy and speech therapy expenses continue for years or decades, while specialized medical equipment like wheelchairs, communication devices, and home modifications create ongoing financial burdens. Lost earning capacity represents a major component, as brain injuries often prevent patients from returning to their previous careers or any substantial employment.

Brain injury victims can recover non-economic damages for the profound impact on their quality of life, including pain and suffering from ongoing headaches, cognitive difficulties, and neurological symptoms. Loss of enjoyment of life damages address the inability to participate in previously enjoyed activities, hobbies, or social relationships. Emotional distress damages recognize the psychological trauma of losing cognitive function, independence, or personality changes that often accompany brain injuries.

Texas-Specific Considerations

Under Texas Civil Practice and Remedies Code § 74.301, medical malpractice cases have specific damage limitations, but FTCA claims are governed by federal law that incorporates state damage rules. Texas follows a modified comparative fault system under Texas Civil Practice and Remedies Code § 33.001, where recovery is barred if the plaintiff is more than 50% at fault. However, brain injury cases at federal facilities typically involve clear medical negligence where patient fault is minimal or non-existent.

Statute of Limitations

The Federal Tort Claims Act requires all administrative claims to be filed within two years of the date of injury under 28 U.S.C. § 2401(b). Texas law provides a discovery rule for medical malpractice cases, but FTCA claims use federal timing requirements. For brain injury cases, the clock typically starts when the injury occurred or when you reasonably should have discovered that medical negligence caused your brain damage.

Expert Witness Requirements

Texas requires expert medical testimony in malpractice cases to establish the standard of care and prove negligence. Under Texas Civil Practice and Remedies Code § 74.351, expert witnesses must be qualified physicians who are familiar with the standard of care applicable to the type of treatment involved. Brain injury cases typically require neurological experts who can explain complex medical concepts and demonstrate how the defendant's actions fell below accepted medical standards.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date of injury to file an administrative claim with the appropriate federal agency. This federal deadline applies regardless of Texas state law timelines, and missing this deadline typically bars your claim permanently.

Texas law governs the types and amounts of damages available in FTCA cases, including medical expenses, lost wages, pain and suffering, and loss of earning capacity. Brain injury cases often involve the highest damage awards due to lifetime care needs, but punitive damages are not available under federal law.

Under the FTCA, damages follow Texas state law. Economic damages such as medical expenses and lost wages have no federal cap, while non-economic damages may be subject to state limitations. Brain injury cases typically involve substantial economic damages that are not subject to caps, such as lifetime medical care costs and lost earning capacity.

No, under the FTCA, you cannot sue individual military doctors or VA physicians personally. Your claim must be filed against the United States government, and federal employees are protected from individual liability when acting within the scope of their employment.

Yes, Texas law requires qualified medical expert testimony to prove the standard of care and establish negligence in brain injury cases. These experts must be familiar with neurological care standards and able to explain how the defendant's actions caused your brain injury.

FTCA brain injury cases typically take 18 months to 3 years to resolve, depending on the complexity of the medical issues and the severity of damages. The administrative claim process must be completed before any federal court lawsuit can be filed, which adds time to the overall process.

The FTCA statute of limitations may be extended if your brain injury wasn't immediately apparent, but you must still file within two years of when you reasonably should have discovered the injury and its connection to medical negligence. Early consultation with an experienced FTCA attorney is crucial to protect your rights.

Yes, spouses and family members can often recover damages for loss of consortium, emotional distress, and other impacts when a loved one suffers brain injury due to medical negligence. Texas law recognizes these derivative claims in appropriate circumstances.

When you or a loved one has suffered traumatic brain injuries, head trauma, and brain damage from medical negligence at a Texas 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 Brain 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 Brain Injury cases.

• Texas FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Texas 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 Texas, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Brain 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 traumatic brain injuries, head trauma, and brain damage from medical negligence at a Texas 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 Texas Brain Injury victims. Our Texas Brain 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 Texas 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.

Texas VA Malpractice Information

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

Other Texas Case Types We Handle

• Texas Surgical Errors Cases
• Texas Emergency Room Errors Cases
• Texas Spinal Cord Injury Cases

Brain Injury Resources

• Brain Injury Lawyers (Nationwide) - General Brain 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 your family member has suffered a brain injury while receiving care at a VA facility in Texas, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at federal facilities results in serious injuries, but you must act within strict timeframes to protect your rights.

You have two years from the date of injury or when you reasonably should have discovered the injury to file an administrative claim using Standard Form 95. This is a mandatory first step before any lawsuit can be filed. Once you submit your claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

Brain injury cases are particularly complex because they require both medical and legal expertise. Having an attorney who is also a medical doctor can be invaluable for these claims. A doctor-attorney can better understand the nuances of your medical records, identify deviations from the standard of care, and effectively communicate with medical experts. They can also better explain the long-term implications of your brain injury and ensure all future medical needs are accounted for in your claim.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages and earning capacity, rehabilitation costs, necessary home modifications, and compensation for pain and suffering. For military families, this can include long-term care costs, specialized therapy, and assistance with daily living activities that may be needed due to the brain injury.

Time is critical in these cases, not only because of legal deadlines but also because evidence needs to be preserved and expert witnesses need to be consulted. If you believe you or a family member has suffered a brain injury due to negligent care at a VA facility, you should seek a free case evaluation immediately. An experienced FTCA attorney can review your medical records, explain your rights, and help determine if you have a viable claim - all at no cost to you. This initial consultation can help you understand your options and ensure your rights are protected while you focus on recovery and rehabilitation.

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

• Texas Surgical Errors Cases
• Texas Emergency Room Errors Cases
• Texas Spinal Cord Injury Cases
• Texas Misdiagnosis Cases
• Texas Medication Errors Cases
• Texas Wrongful Death Cases