Texas VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and military families trust Texas VA medical centers and military hospitals to provide competent, life-saving treatment. Medical negligence during spinal surgeries, emergency care, or routine procedures can cause catastrophic spinal cord injuries that forever change lives. These preventable injuries can cause partial or complete paralysis, requiring lifelong medical care and altering a patient's independence and quality of life.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor, bringing unique medical and legal expertise. Our medical-legal expertise helps us identify negligence and understand complex medical standards in spinal cord injury cases. Over our 25+ years of practice, we have recovered more than $145 million for clients harmed by federal medical malpractice.

If you or a loved one suffered a spinal cord injury at a Texas VA or military facility, the Federal Tort Claims Act (FTCA) provides legal rights. You must understand these rights and Texas laws to secure compensation for lifelong care and support.

• Surgical Errors During Spinal Procedures: Mistakes during spinal fusion, disc removal, or other back surgeries can damage the spinal cord through improper instrument placement, excessive force, or failure to maintain proper anatomical positioning during the procedure.

• Delayed Diagnosis of Spinal Compression: When medical staff fail to recognize and treat conditions like spinal abscesses, tumors, or hematomas that compress the spinal cord, permanent neurological damage can occur within hours of symptom onset.

• Improper Emergency Room Assessment: Failure to properly evaluate trauma patients for spinal injuries, including inadequate imaging or improper movement of patients with suspected spinal trauma, can convert treatable injuries into permanent paralysis.

• Medication Errors Affecting Spinal Function: Incorrect dosing of spinal anesthesia, epidural injections, or other medications administered near the spine can cause direct chemical damage to spinal cord tissue and surrounding nerves.

• Post-Operative Care Failures: Inadequate monitoring after spinal surgery, failure to recognize signs of infection or bleeding, and delayed response to neurological changes can allow preventable complications to cause permanent spinal cord damage.

• Improper Patient Positioning: During lengthy surgeries or procedures, failure to properly position patients can cause pressure injuries to the spinal cord or compromise blood flow to critical spinal tissues.

Our firm represents spinal cord injury victims at major VA medical centers and military hospitals throughout Texas, where complex spinal procedures and emergency care are regularly provided.

Major Texas VA Medical Centers:

• Michael E. DeBakey VA Medical Center (Houston): As one of the largest VA medical centers in the nation, this facility performs numerous spinal surgeries and treats complex neurological conditions where surgical errors can cause permanent spinal cord damage.
• South Texas Veterans Health Care System (San Antonio): This comprehensive medical center provides emergency trauma care and spinal surgery services where delayed diagnosis or improper treatment can result in catastrophic spinal injuries.
• VA North Texas Health Care System (Dallas): Serving a large veteran population, this facility's neurosurgery and emergency departments handle cases where medical negligence can lead to preventable spinal cord injuries.

Major Military Treatment Facilities:

• Brooke Army Medical Center (San Antonio): As the Army's premier burn center and Level I trauma facility, this hospital treats complex spinal injuries where medical errors during critical care can worsen outcomes.
• Naval Medical Center Portsmouth (Portsmouth): This facility's neurosurgery department performs spinal procedures where surgical negligence can cause permanent paralysis.

View all Texas VA & Military Facilities

• Sudden onset of paralysis or weakness after a routine procedure that was not explained as a known risk
• Medical staff failed to order appropriate imaging (MRI, CT scan) despite clear neurological symptoms
• Delayed emergency surgery despite obvious signs of spinal cord compression or injury
• No informed consent discussion about spinal cord injury risks before a high-risk procedure
• Post-operative complications that went unrecognized or untreated for hours or days
• Surgical instruments or foreign objects left near the spinal cord area
• Infection developed after spinal surgery due to poor sterile technique or inadequate post-operative monitoring
• Your condition worsened significantly after treatment when improvement was expected

Spinal cord injuries typically require extensive, lifelong medical care and support, making economic damages substantial in these cases:

• Lifetime medical care costs, including specialized spinal cord rehabilitation and ongoing neurological treatment
• Home modifications and wheelchair accessibility improvements
• Assistive technology and adaptive equipment, including specialized wheelchairs and computer interfaces
• Lost wages and diminished earning capacity due to paralysis or neurological impairment
• Vocational rehabilitation and job retraining costs
• 24-hour attendant care or nursing assistance for activities of daily living

The profound impact of spinal cord injuries extends far beyond medical bills:

• Physical pain and suffering from the injury and ongoing medical complications
• Loss of enjoyment of life and inability to participate in previously enjoyed activities
• Emotional distress, depression, and anxiety related to permanent disability
• Loss of consortium and impact on family relationships
• Mental anguish from loss of independence and dignity

Under Texas Civil Practice and Remedies Code § 74.301, Texas generally caps non-economic damages in medical malpractice cases at $250,000 per physician and $250,000 per healthcare institution. However, these state caps do not apply to Federal Tort Claims Act cases against the U.S. government. FTCA claims are governed by federal law, which allows full recovery of both economic and non-economic damages without artificial caps. This distinction can significantly increase the compensation available to spinal cord injury victims treated at federal facilities compared to private hospitals in Texas.

Statute of Limitations

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date you discovered or reasonably should have discovered your injury to file a claim against the federal government. Texas follows a discovery rule under Texas Civil Practice and Remedies Code § 16.003, which may provide additional time if the full extent of spinal cord damage was not immediately apparent. However, the federal two-year deadline typically controls for VA and military hospital cases.

Expert Witness Requirements

Texas Health and Safety Code § 74.351 requires expert medical testimony to establish the standard of care and prove negligence in spinal cord injury cases. The expert must be qualified in the same specialty as the defendant physician and must testify that the treatment fell below accepted medical standards. In FTCA cases, this expert testimony is crucial for demonstrating how the federal facility's care deviated from proper neurological or surgical protocols.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date of discovery to file a claim against VA or military hospitals. This federal deadline typically overrides Texas state law timelines for government facility cases.

You can recover both economic damages (medical costs, lost wages, home modifications) and non-economic damages (pain and suffering, loss of enjoyment of life). Unlike private hospitals subject to Texas damage caps, FTCA cases have no artificial limits on non-economic damages.

Texas Civil Practice and Remedies Code § 74.301 caps non-economic damages at $250,000 for private medical malpractice cases. However, these caps do not apply to Federal Tort Claims Act cases against VA or military facilities, allowing full recovery of all damages.

No, under the Federal Tort Claims Act, you cannot sue individual military doctors or VA physicians. Your claim must be filed against the United States government, which assumes responsibility for its employees' negligent acts within the scope of their employment.

Yes, Texas Health and Safety Code § 74.351 requires qualified medical expert testimony to prove negligence in spinal cord injury cases. The expert must be qualified in the relevant medical specialty and testify that the care fell below accepted standards.

FTCA cases typically take 18-36 months from filing to resolution. Spinal cord injury cases often take longer due to their complexity and the need to establish the full extent of lifelong damages and care requirements.

The FTCA's two-year statute of limitations begins when you discovered or reasonably should have discovered both the injury and its connection to the medical care. Some spinal cord complications may not manifest immediately, potentially extending the filing deadline.

Yes, emergency situations do not excuse medical negligence. However, the standard of care in emergency situations may differ from routine care, requiring expert testimony about what constitutes reasonable emergency medical treatment for spinal conditions.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve 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 Spinal Cord 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 Spinal Cord 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 Spinal Cord 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 paralysis, spinal cord damage, and nerve 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 Spinal Cord Injury victims. Our Texas Spinal Cord 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 Brain Injury Cases

Spinal Cord Injury Resources

• Spinal Cord Injury Lawyers (Nationwide) - General Spinal Cord 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're a veteran or military family member dealing with a spinal cord injury in Texas due to medical negligence 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 follow strict deadlines and procedures.

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 initial claim must be filed with the Department of Veterans Affairs, and the agency then has six months to respond to your claim. Only after receiving a denial or waiting six months without a response can you file a lawsuit in federal court.

For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals understand both the complex medical aspects of spinal cord injuries and the legal intricacies of the FTCA process. They can effectively analyze medical records, identify deviations from the standard of care, and articulate how these failures led to your injury in terms that both medical experts and courts will understand.

Through an FTCA claim, you may be eligible to recover various damages, including past and future medical expenses, lost wages and earning capacity, home modifications, adaptive equipment, and compensation for pain and suffering. For veterans with spinal cord injuries, these damages often include long-term care costs, rehabilitation expenses, and compensation for loss of quality of life. Unlike many other personal injury cases, FTCA claims do not allow for punitive damages.

Time is critical in these cases, and early evaluation can make a significant difference in the outcome of your claim. Our team of doctor-attorneys offers free case evaluations to help you understand your rights and options under the FTCA. We can review your medical records, assess the strength of your case, and guide you through the complex claims process. Contact us today to schedule your confidential consultation and learn how we can help protect your rights as a veteran or military family member dealing with a spinal cord injury.

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

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