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Military & VA Medical Malpractice

Minnesota VA & Military Spinal Cord Injury Malpractice Attorneys

Experienced attorneys helping military families recover maximum compensation for spinal cord injury at Minnesota military hospitals.

$145M+
Recovered
25+
Years Experience
MD/JD
Doctor-Attorney
$0
Until We Win

Veterans and military personnel trust Minnesota's VA and military hospitals for competent neurological and spinal care. Medical negligence during spinal surgeries, emergency treatment, or routine procedures can cause devastating spinal cord injuries that permanently alter lives and require lifelong care.

The National Spinal Cord Injury Statistical Center reports 17,810 new spinal cord injuries annually in the United States, with medical malpractice contributing to many preventable cases. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—providing unique medical insight into spinal cord injury cases and the complex standards of care that govern neurological treatment.

If you or a loved one suffered a spinal cord injury at a Minnesota VA or military facility due to medical negligence, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand these rights and Minnesota's legal requirements to secure compensation for lifelong medical care and rehabilitation.

What Causes Spinal Cord Injury at Minnesota Military & VA Hospitals?

  • Surgical Errors During Spinal Procedures: Improper technique during spinal fusion, laminectomy, or disc surgery can damage the spinal cord or surrounding nerves. This includes incorrect placement of hardware, excessive manipulation of neural tissue, or failure to maintain proper surgical protocols.

  • Delayed Diagnosis of Spinal Cord Compression: If medical staff fail to recognize spinal cord compression from herniated discs, tumors, or hematomas, the delay can cause permanent paralysis that could have been prevented.

  • Medication Errors Affecting Spinal Function: Incorrect dosing of anesthesia, epidural injections, or pain medications can directly damage spinal cord tissue or mask critical symptoms that require immediate medical attention.

  • Failure to Properly Immobilize Trauma Patients: Emergency room staff who fail to follow proper spinal immobilization protocols for trauma patients can worsen existing spinal injuries or create new damage to the spinal cord.

  • Negligent Post-Operative Monitoring: If patients aren't monitored for spinal cord swelling, infection, or hardware complications after spinal surgery, it can lead to secondary injuries and permanent neurological damage.

  • Improper Positioning During Surgery: Incorrect patient positioning during non-spinal surgeries can compress the spinal cord or blood flow, resulting in ischemic spinal cord injury and paralysis.

Minnesota Facilities Where We Handle Spinal Cord Injury Cases

We represent spinal cord injury victims at major Minnesota VA and military medical facilities where complex neurological procedures and emergency care are provided:

  • Minneapolis VA Health Care System - This comprehensive medical center performs complex spinal surgeries and provides neurological care where surgical errors or delayed diagnosis can result in spinal cord injuries.

  • St. Cloud VA Medical Center - Serving central Minnesota veterans, this facility provides emergency care and spinal treatments where proper protocols are essential to prevent spinal cord damage.

  • Duluth VA Medical Center - This northern Minnesota facility handles trauma cases and spinal procedures where negligent care can lead to permanent paralysis.

  • 133rd Airlift Wing Medical Facility (Minneapolis) - Military personnel receive medical care at this Air National Guard facility where spinal injuries may occur due to inadequate emergency protocols.

View all Minnesota VA & Military Facilities

Warning Signs of Spinal Cord Injury Medical Malpractice

  • Sudden onset of paralysis or weakness following a routine medical procedure or surgery
  • Development of spinal cord symptoms after medical staff ignored your complaints of severe back or neck pain
  • Spinal cord injury occurred after medical providers failed to order appropriate imaging studies despite neurological symptoms
  • Paralysis developed following delayed treatment in the emergency room when you presented with spinal trauma
  • Spinal cord damage occurred during surgery on other parts of your body due to improper positioning
  • Medical records show conflicting information about your spinal condition or treatment decisions
  • Healthcare providers failed to inform you of spinal cord compression that was visible on imaging studies

Damages Available in Minnesota Spinal Cord Injury Cases

Economic Damages

  • Lifetime Medical Care Costs: Comprehensive rehabilitation, specialized equipment, medications, and ongoing neurological care that can exceed $4.7 million over a lifetime for complete spinal cord injuries
  • Home and Vehicle Modifications: Wheelchair accessibility modifications, specialized bathroom equipment, and adaptive technology systems
  • Lost Earning Capacity: Complete calculation of lost wages and benefits over your expected working lifetime
  • Attendant Care Services: Professional nursing care, personal care assistance, and specialized therapy services
  • Assistive Equipment: Wheelchairs, communication devices, computer adaptations, and mobility aids
  • Transportation Costs: Specialized medical transportation and travel expenses for ongoing treatment

Non-Economic Damages

  • Physical Pain and Suffering: Compensation for chronic pain, muscle spasms, and physical discomfort associated with spinal cord injury
  • Loss of Enjoyment of Life: Recognition of inability to participate in previously enjoyed activities, hobbies, and life experiences
  • Emotional Distress: Compensation for depression, anxiety, and psychological trauma resulting from permanent disability
  • Loss of Consortium: Impact on spousal relationships and family dynamics
  • Disability and Disfigurement: Compensation for permanent physical limitations and changes to quality of life

Minnesota-Specific Considerations

Minnesota does not impose statutory caps on medical malpractice damages in most cases, allowing full recovery of both economic and non-economic damages. However, FTCA claims are subject to federal limitations, including prohibition of punitive damages under 28 U.S.C. § 2674. Minnesota's comparative fault statute (Minn. Stat. § 604.01) may apply if multiple parties contributed to the injury, though this rarely affects FTCA claims against the federal government. The interaction between Minnesota's unlimited damage recovery and federal FTCA provisions generally favors comprehensive compensation for spinal cord injury victims.

Statute of Limitations: Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date of injury or discovery to file an administrative claim with the appropriate federal agency. Minnesota's discovery rule may extend this period if the spinal cord injury was not immediately apparent, but federal law governs FTCA claims. After receiving a denial or waiting six months without response, you have an additional six months to file a federal lawsuit.

Expert Witness Requirements: Minnesota requires qualified medical experts to establish the standard of care in spinal cord injury cases under Minn. Stat. § 145.682. For FTCA claims, expert witnesses must be familiar with federal medical facility standards and demonstrate how the care provided fell below accepted neurological and spinal surgery protocols. Our medical doctor-attorney can provide crucial insight into these complex medical standards.

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

Frequently Asked Questions: Minnesota Spinal Cord Injury Cases

What is the statute of limitations for spinal cord injury claims against Minnesota VA facilities?

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date of injury or discovery to file an administrative claim. For spinal cord injuries where the full extent of damage may not be immediately apparent, Minnesota's discovery rule may apply to extend this deadline until you reasonably should have known about the negligence.

What damages can I recover for a spinal cord injury in Minnesota?

Minnesota does not cap medical malpractice damages, allowing recovery of full economic damages (medical care, lost wages, equipment) and non-economic damages (pain, suffering, disability). However, FTCA claims cannot include punitive damages under federal law (28 U.S.C. § 2674), though compensatory damages for spinal cord injuries often reach millions of dollars.

How do Minnesota damage caps affect my spinal cord injury case?

Unlike many states, Minnesota does not impose statutory caps on medical malpractice damages under Minn. Stat. Ch. 145. This means spinal cord injury victims can recover full compensation for both economic losses and pain and suffering, which is particularly important given the lifetime costs and profound impact of paralysis.

Can I sue a military doctor individually for my spinal cord injury in Minnesota?

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 under 28 U.S.C. § 2679(b)(1), which provides the exclusive remedy for medical malpractice at federal facilities.

Do I need a Minnesota medical expert for my spinal cord injury case?

Yes, Minnesota requires qualified medical experts under Minn. Stat. § 145.682 to establish the standard of care and prove negligence. For spinal cord injury cases, experts must be familiar with neurological and spinal surgery standards. Our firm's medical doctor-attorney provides unique expertise in understanding these complex medical issues.

How long does a Minnesota spinal cord injury case take?

FTCA spinal cord injury cases typically take 18-36 months, beginning with a mandatory six-month administrative review period. Complex spinal cord cases require extensive medical documentation and expert analysis. Minnesota's court system generally moves efficiently, but the severity of spinal cord injuries necessitates thorough case development.

What if my spinal cord injury symptoms appeared months after treatment at a Minnesota VA facility?

The FTCA's two-year deadline may be extended under Minnesota's discovery rule if you couldn't reasonably have known about the negligence when it occurred. Delayed spinal cord symptoms from surgical complications, infections, or hardware failures may qualify for extended filing deadlines, but prompt legal consultation is essential.

Will I have to go to court for my Minnesota spinal cord injury case?

Most FTCA spinal cord injury cases settle during the administrative process or after filing suit. Given the severe nature of spinal cord injuries and clear damages, the government often negotiates settlements to avoid trial. However, our firm is fully prepared to litigate when necessary to secure maximum compensation for your lifelong needs.

Why Choose the Archuleta Law Firm for Your Minnesota Spinal Cord Injury Case?

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Minnesota 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.

  • Minnesota FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Minnesota 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 Minnesota, 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.

Free Case Evaluation: Minnesota Spinal Cord Injury Cases

If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Minnesota 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 Minnesota Spinal Cord Injury victims. Our Minnesota 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 Minnesota 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.

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Understanding Your FTCA Rights

If you're a veteran or military family member dealing with a spinal cord injury in Minnesota due to VA medical negligence, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to seek compensation when negligent medical care at a VA facility results in serious injury, but you must act within strict timeframes.

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. After filing, the VA has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit. Missing these deadlines can permanently bar your right to compensation.

Having an attorney who is also a medical doctor is particularly valuable in spinal cord injury cases. These complex injuries require deep understanding of both medical standards of care and the unique challenges of proving causation in the VA system. A doctor-attorney can more effectively analyze medical records, identify deviations from the standard of care, and articulate how negligence led to your injury. They can also better anticipate and counter the VA's medical defense strategies.

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 need to account for lifetime care needs, including specialized medical equipment, home health care, and ongoing rehabilitation services.

Don't let uncertainty about the process prevent you from exploring your legal options. Most experienced FTCA attorneys offer free initial consultations to evaluate your case and explain your rights. During this consultation, you can learn more about the strength of your case and the potential compensation available. Given the complexity of these cases and strict deadlines, it's important to speak with a qualified attorney as soon as possible to protect your rights and ensure you receive the compensation you deserve for your injury.

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

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Why Choose Our Firm

  • Doctor-Attorney on staff (MD/JD)
  • $145M+ recovered for clients
  • 25+ years of experience
  • No fee unless we win
  • Nationwide FTCA practice
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