# Missouri VA & Military Surgical Errors Malpractice Attorneys

Veterans and military families who receive care at Missouri VA medical centers and military hospitals deserve skilled surgical treatment that meets the highest care standards. Unfortunately, surgical errors at these federal facilities can result in devastating complications, permanent disabilities, and life-altering injuries that could have been prevented through proper medical protocols.

Our founding attorney, a licensed attorney and medical doctor, brings a unique perspective to Missouri surgical error cases, providing unparalleled insight into the medical standards of care and surgical protocols that should have been followed. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act (FTCA) cases, we understand the complex medical and legal issues involved in surgical malpractice claims against the federal government.

If you or a loved one suffered harm due to a surgical error at a Missouri VA or military facility, you have legal rights under the Federal Tort Claims Act. Filing these claims requires specialized knowledge of federal procedures and Missouri state law because they target the United States government, not individual doctors.

• Wrong-Site Surgery: Operating on the incorrect body part, organ, or surgical site is a fundamental breach of surgical and patient safety protocols that should never occur if proper verification procedures are followed.

• Retained Surgical Instruments: Leaving surgical sponges, clamps, or other instruments inside a patient's body during closure demonstrates negligence in surgical counting procedures and a failure to follow established safety protocols.

• Anesthesia Errors: Administering incorrect dosages, failing to monitor vital signs during surgery, or using inappropriate anesthetic agents can result in brain damage, cardiac arrest, or death.

• Post-Operative Infection from Poor Sterile Technique: Failing to maintain proper sterile conditions during surgery or inadequate wound care can lead to serious infections, sepsis, and additional surgeries.

• Surgical Technique Errors: Cutting or damaging nearby organs, blood vessels, or nerves during surgery due to inadequate surgical skill or failure to follow established surgical procedures.

• Inadequate Pre-Operative Planning: Failing to review patient medical history, imaging studies, or surgical plans can result in complications that should have been anticipated and prevented.

We represent surgical error victims at major VA medical centers and military hospitals throughout Missouri where complex surgical procedures are performed daily:

Harry S. Truman Memorial Veterans' Hospital (Columbia) - This major VA medical center performs a wide range of surgical procedures, and the high volume of operations can sometimes lead to communication breakdowns and surgical errors. Whiteman Air Force Base Medical Clinic (Knob Noster) - Military personnel and their families receive surgical care at this facility, where staffing changes and training rotations may contribute to surgical mistakes. John J. Pershing VA Medical Center (Poplar Bluff) - This VA facility serves veterans across southeastern Missouri, and surgical errors can occur when complex cases exceed the facility's capabilities or resources.

View all Missouri VA & Military Facilities

• Unexpected complications that were not discussed as normal risks before surgery
• Surgery performed on the wrong body part, wrong side, or wrong patient entirely
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body
• Severe infections developing after surgery that require additional treatment or hospitalization
• Damage to organs, blood vessels, or nerves that were not part of the intended surgical procedure
• Anesthesia awareness (being conscious during surgery) or serious anesthesia complications
• Need for additional emergency surgeries to correct problems from the original operation
• Permanent disabilities or loss of function that should not have resulted from the planned procedure

Economic Damages

• Additional medical expenses for corrective surgeries, extended hospitalizations, and ongoing treatment of complications
• Lost income and reduced earning capacity due to extended recovery time or permanent disability from surgical errors
• Lifetime rehabilitation costs including physical therapy, occupational therapy, and adaptive equipment needs
• Home healthcare and nursing care required due to complications or disabilities caused by the surgical error
• Transportation costs for ongoing medical appointments and specialized treatment facilities
• Prescription medications needed to treat complications and manage pain from surgical mistakes

Non-Economic Damages

• Physical pain and suffering from additional surgeries and extended recovery periods
• Emotional distress and mental anguish from the trauma of surgical complications
• Loss of enjoyment of life due to permanent disabilities or chronic complications
• Disfigurement and scarring resulting from corrective procedures
• Loss of consortium affecting relationships with spouse and family members

Missouri-Specific Considerations

Missouri law (Mo. Rev. Stat. § 538.210) caps non-economic damages at $400,000 in medical malpractice cases, with higher limits for catastrophic injuries like paralysis, brain injury, or limb loss. However, FTCA claims are governed by federal law under 28 U.S.C. § 2674, which applies the law of the state where the negligence occurred. Economic damages remain fully recoverable without caps under both Missouri state law and federal FTCA provisions. Missouri birth injury claims The interaction between Missouri damage caps and federal FTCA claims requires careful analysis of how state substantive law applies to federal tort claims.

Statute of Limitations: FTCA claims must be filed within two years of the date you knew or should have reasonably known about the injury and its cause under 28 U.S.C. § 2675. Missouri's discovery rule under Mo. Rev. Stat. § 516.105 may apply to determine when the injury was discovered, particularly in cases involving retained surgical instruments or delayed complications.

Expert Witness Requirements: Missouri requires an Affidavit of Merit under Mo. Rev. Stat. § 538.225 within 90 days of filing, which must include a written opinion from a qualified healthcare provider stating that the defendant failed to use reasonable care and that this failure caused the claimed damages. For surgical error cases, this typically requires testimony from a surgeon practicing in the same specialty as the defendant.

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

FTCA claims against VA and military hospitals must be filed within two years under federal law. Missouri's discovery rule may apply to determine when you reasonably should have known about the injury, which is particularly important for cases involving retained surgical instruments that may not be discovered immediately.

You can recover all economic damages including medical expenses, lost income, and future care costs without caps. Non-economic damages like pain and suffering are subject to Missouri's $400,000 cap under Mo. Rev. Stat. § 538.210, though catastrophic injuries may qualify for higher amounts.

FTCA claims apply Missouri state law for damages under 28 U.S.C. § 2674, meaning Missouri's damage caps generally apply. However, economic damages remain fully recoverable, and catastrophic surgical injuries may exceed the standard non-economic damage limits.

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

Yes, Missouri requires an Affidavit of Merit from a qualified healthcare provider under Mo. Rev. Stat. § 538.225. For surgical error cases, this expert must be qualified in the same specialty as the defendant surgeon and must opine that the care fell below accepted standards.

FTCA cases typically take 18-36 months from filing the administrative claim to resolution. Missouri's court system may add additional time if federal litigation becomes necessary, though many cases settle during the administrative claim process.

Missouri's discovery rule may protect your claim if you recently discovered retained surgical instruments or other evidence of surgical negligence. The two-year FTCA limitation period begins when you knew or reasonably should have known about both the injury and its cause.

Yes, if surgical errors resulted in death, eligible family members can file wrongful death claims under both FTCA and Missouri law. Missouri allows spouses, children, and parents to recover damages for their loss under Mo. Rev. Stat. § 537.080.

When you or a loved one has suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications at a Missouri 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 Surgical Errors 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 Surgical Errors cases.

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

• Compassionate Approach: We understand the physical, emotional, and financial toll that Surgical Errors takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications at a Missouri 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 Missouri Surgical Errors victims. Our Missouri Surgical Errors 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 Missouri 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.

Missouri VA Malpractice Information

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

Other Missouri Case Types We Handle

• Missouri Emergency Room Errors Cases
• Missouri Brain Injury Cases
• Missouri Spinal Cord Injury Cases

Surgical Errors Resources

• Surgical Errors Lawyers (Nationwide) - General Surgical Errors 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 who has experienced a surgical error at a VA facility in Missouri, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at a VA facility results in injury or harm, but you must follow strict deadlines and procedures.

You have two years from the date of the surgical error to file an administrative claim with the VA using Standard Form 95. This is a critical deadline - missing it could permanently bar your claim. 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.

Having an attorney who is also a medical doctor can significantly strengthen your surgical error case. These specialized professionals understand both the legal complexities of FTCA claims and the medical standards of care that should have been followed during your procedure. They can quickly identify deviations from accepted surgical protocols and effectively communicate these issues to the court. This medical-legal expertise is particularly valuable when dealing with complex surgical procedures and their complications.

Through an FTCA claim, you may be entitled to recover various damages, including all related medical expenses (both past and future), lost wages and reduced earning capacity, and compensation for pain and suffering. If you're a veteran who can no longer work due to the surgical error, you may also be able to recover long-term disability benefits. Family members may be eligible to recover damages for loss of support and companionship.

Don't wait to explore your legal options. Most experienced FTCA attorneys offer free initial consultations to evaluate your case and explain your rights. During this consultation, you can discuss the specifics of your surgical error, review medical records, and determine the strength of your claim - all without any financial obligation. Remember, the sooner you seek legal guidance, the better positioned you'll be to protect your rights and pursue the compensation you deserve.

Call today to schedule a confidential, no-cost evaluation of your surgical error claim with an attorney who understands both the medical and legal aspects of VA malpractice cases.

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

• Missouri Emergency Room Errors Cases
• Missouri Brain Injury Cases
• Missouri Spinal Cord Injury Cases
• Missouri Misdiagnosis Cases
• Missouri Medication Errors Cases
• Missouri Wrongful Death Cases