Mississippi VA & Military Wrongful Death Malpractice Attorneys

Families trust Mississippi's VA medical centers and military hospitals to provide life-saving care, not fatal negligence. Tragically, preventable medical errors at federal facilities continue to claim lives that could have been saved with proper treatment, timely diagnosis, and adherence to accepted medical standards.

The VA Office of Inspector General reports that VA facilities nationwide cause thousands of preventable deaths annually, while Mississippi facilities face ongoing quality of care scrutiny. At the Archuleta Law Firm, our founding attorney is both a licensed physician and attorney—providing unmatched medical expertise to evaluate whether substandard care caused your loved one's death.

If a preventable death occurs at a Mississippi VA or military facility, the Federal Tort Claims Act (FTCA) provides legal rights to surviving family members. FTCA wrongful death claims differ from civilian cases because families must file directly against the U.S. government, requiring expertise in both federal procedures and Mississippi law.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss critical symptoms of heart attacks, strokes, sepsis, or cancer, delayed treatment can result in preventable death. Emergency departments are particularly vulnerable to diagnostic failures that prove fatal.

• Medication Errors and Drug Interactions: Incorrect dosages, wrong medications, or a failure to check for dangerous drug interactions can cause fatal reactions, especially in elderly veterans with multiple prescriptions.

• Surgical Complications and Post-Operative Neglect: Preventable surgical errors, inadequate post-operative monitoring, or failure to recognize and treat complications like infections or internal bleeding can lead to death.

• Emergency Room Delays and Mismanagement: Understaffing, poor triage protocols, or failure to prioritize critical patients can result in fatal delays in emergency treatment for conditions requiring immediate intervention.

• Inadequate Monitoring of High-Risk Patients: Failure to properly monitor patients with serious conditions, missed warning signs of deterioration, or delayed response to medical emergencies can cause preventable deaths.

• Anesthesia Errors During Surgery: Improper anesthesia administration, failure to monitor vital signs during procedures, or inadequate pre-operative evaluation can result in fatal complications during routine surgeries.

Our firm represents families in wrongful death cases arising from negligence at Mississippi's major federal medical facilities, where complex medical procedures and high patient volumes can lead to fatal errors.

G.V. (Sonny) Montgomery VA Medical Center (Jackson) - Mississippi's primary VA medical center provides comprehensive care including surgery, emergency services, and specialty treatments where diagnostic and treatment errors can prove fatal.

Keesler Air Force Base Medical Center (Biloxi) - This major military treatment facility serves active duty personnel and their families, with emergency and surgical services where medical negligence can result in preventable deaths.

Naval Construction Battalion Center (Gulfport) - Military medical facilities at this installation provide care where delays in treatment or misdiagnosis can have fatal consequences.

Columbus Air Force Base Medical Clinic (Columbus) - Though smaller, medical facilities at military installations must still meet appropriate standards of care to prevent wrongful deaths.

View all Mississippi VA & Military Facilities

• Your loved one's condition was treatable or curable, but medical staff failed to provide timely or appropriate treatment
• Multiple medical professionals expressed surprise at the death or suggested it was preventable
• There were significant delays in diagnosis, emergency response, or critical medical interventions
• Medical records show missed test results, ignored symptoms, or failure to follow established protocols
• Your loved one experienced complications during routine procedures that should have been manageable
• Hospital staff provided conflicting explanations about the cause of death or seemed evasive about treatment decisions
• The death occurred shortly after a medical error, such as wrong medication, surgical mistake, or equipment failure

Economic Damages

Mississippi wrongful death law allows families to recover economic damages for lost future earnings, based on the deceased's age, health, and earning capacity. Medical expenses incurred before death, including emergency treatment, hospitalization, and unsuccessful life-saving measures, are recoverable. Funeral and burial expenses, including memorial services and cemetery costs, can be claimed. Loss of benefits such as health insurance, retirement contributions, and military benefits that would have continued. The value of services the deceased would have provided to the family, including household management, childcare, and financial guidance.

Non-Economic Damages

Mississippi law allows recovery for the pain and suffering endured by the deceased before death, when conscious and aware. Loss of companionship, guidance, and emotional support that surviving spouses and children have suffered. The emotional distress and mental anguish experienced by family members following the wrongful death. Loss of the deceased's care, protection, and nurturing, particularly significant in cases involving parents or spouses.

Mississippi-Specific Considerations

Mississippi Code Annotated § 11-7-13 requires wrongful death claims to be filed within three years of death, but FTCA claims have a two-year limitation period under 28 U.S.C. § 2401(b). Mississippi does not impose damage caps on wrongful death awards, allowing full recovery of economic and non-economic damages. However, FTCA claims are subject to federal limitations, including restrictions on punitive damages and pre-judgment interest, which can affect the total recovery available to families.

Statute of Limitations

The Federal Tort Claims Act imposes a strict two-year deadline for filing wrongful death claims against the U.S. government under 28 U.S.C. § 2401(b). This deadline typically begins when the family discovers or reasonably should have discovered both the death and its connection to medical negligence. While Mississippi's general wrongful death statute allows three years under Mississippi Code Annotated § 11-7-13, the shorter federal timeline controls for FTCA claims.

Expert Witness Requirements

To prove negligence caused a wrongful death, Mississippi requires qualified medical experts to establish the standard of care. In FTCA cases, experts must be familiar with federal facility standards and military or VA medical protocols. The expert must demonstrate that competent medical professionals would have acted differently under similar circumstances, and that proper care would have prevented the death.

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

For FTCA wrongful death claims against VA or military facilities, you have two years from the date you discovered or reasonably should have discovered the negligence that caused death under 28 U.S.C. § 2401(b). This federal deadline is shorter than Mississippi's three-year state limit and strictly enforced by federal courts.

Mississippi allows recovery of both economic damages (lost earnings, medical expenses, funeral costs) and non-economic damages (pain and suffering, loss of companionship) without statutory caps under Mississippi Code Annotated § 11-7-13. However, FTCA claims cannot include punitive damages or pre-judgment interest, which may limit total recovery compared to civilian cases.

Mississippi does not impose damage caps on wrongful death awards, allowing full compensation for economic and non-economic losses. This differs from medical malpractice caps in some other states, but FTCA claims are still subject to federal limitations on certain types of damages.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by military medical personnel acting within their official duties. Active duty service members have limited rights under the Feres Doctrine, though recent NDAA provisions have expanded some claims.

Yes, Mississippi requires qualified medical experts to prove negligence caused the wrongful death. The expert must be familiar with the applicable standard of care and able to testify that proper medical treatment would have prevented the death.

FTCA wrongful death cases typically take 18-36 months, beginning with a mandatory six-month administrative claim process with the federal agency. If the government denies the claim or fails to respond, you can then file a federal lawsuit, which may take additional months or years to resolve.

Under Mississippi Code Annotated § 11-7-13, surviving spouses, children, parents, siblings, or the personal representative of the estate can file wrongful death claims. The personal representative often files on behalf of all eligible family members to ensure proper distribution of any recovery.

Mississippi follows comparative fault principles, meaning recovery may be reduced if the deceased contributed to their own death through negligent actions. However, this rarely applies in medical malpractice cases where patients rely on professional medical judgment and care.

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

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

Mississippi VA Malpractice Information

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

Other Mississippi Case Types We Handle

• Mississippi Surgical Errors Cases
• Mississippi Emergency Room Errors Cases
• Mississippi 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've lost a loved one due to negligent medical care at a VA facility in Mississippi, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you have specific legal protections, but you must act within strict timeframes to preserve your rights to compensation.

The FTCA requires you to file your claim within two years from when you knew or should have known about the negligent act that caused your loved one's death. This starts with filing an administrative claim using Standard Form 95. Once you submit this claim, the VA has six months to investigate and respond. Only after receiving a denial or waiting six months with no response can you file a lawsuit in federal court.

Having an attorney who is also a medical doctor is particularly valuable in military medical malpractice cases. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their dual expertise helps build stronger cases by precisely documenting how medical negligence led to your loved one's death.

Through an FTCA claim, you may be entitled to recover various damages, including all medical expenses related to the negligent care, lost wages and benefits your loved one would have earned, funeral and burial expenses, and compensation for pain and suffering experienced before death. Mississippi law also allows certain family members to recover damages for loss of companionship and support.

Don't navigate this complex process alone. Our team of doctor-attorneys offers free, confidential case evaluations to veterans and military families throughout Mississippi. We understand the unique challenges of filing claims against the VA and can help determine if you have a valid case while ensuring all deadlines are met. There's no obligation, and we only get paid if we win your case. Contact us today to discuss your rights and options under the FTCA - the sooner you reach out, the better we can protect your legal interests and fight for the compensation your family deserves.

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

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