Missouri VA & Military Wrongful Death Malpractice Attorneys

Families expect life-saving care at Missouri's VA medical centers and military hospitals—not preventable deaths from medical negligence. Tragically, medical errors at federal facilities continue to claim lives that could have been saved with proper care and attention to established medical standards.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor, giving us a unique perspective to identify when substandard care caused a preventable death. Our firm has recovered over $145 million for clients and brings 25+ years of Federal Tort Claims Act experience to navigate medical care and legal accountability at federal facilities.

If you lost a loved one due to suspected medical negligence at a Missouri VA or military hospital, the Federal Tort Claims Act (FTCA) gives you legal rights. The FTCA lets families seek compensation when government facilities provide substandard care, but experienced legal representation is needed to meet strict deadlines and requirements.

• Failure to Diagnose Heart Attacks: When emergency room staff misinterpret chest pain as less serious conditions or fail to order appropriate cardiac tests, patients can suffer fatal heart attacks that proper diagnosis would have prevented.

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

• Surgical Complications and Errors: Operating on wrong body parts, leaving surgical instruments inside patients, or failing to properly monitor patients during surgery can lead to fatal infections, bleeding, or organ failure.

• Delayed Treatment of Infections: Failing to recognize or adequately treat sepsis, pneumonia, or post-surgical infections can allow these conditions to progress to fatal stages when prompt intervention would have saved lives.

• **Emergency Room Negligence **birth injuries****: Inadequate triage, failure to stabilize critical patients, or discharging patients with undiagnosed serious conditions can result in deaths that proper emergency care would have prevented.

• Anesthesia Errors: Improper dosing, failure to monitor vital signs during surgery, or inadequate pre-operative assessment can cause fatal complications during medical procedures.

We represent families seeking justice for wrongful deaths at major VA medical centers and military treatment facilities throughout Missouri, where complex medical care increases the risk of fatal errors when proper protocols aren't followed.

• Harry S. Truman Memorial Veterans' Hospital (Columbia): This major VA medical center provides comprehensive care to veterans across central Missouri, where diagnostic errors and treatment delays can prove fatal.

• John J. Pershing VA Medical Center (Poplar Bluff): Serving veterans in southeastern Missouri, this facility handles complex cases where medication errors and surgical complications can result in preventable deaths.

• Kansas City VA Medical Center: As one of Missouri's largest VA facilities, this medical center treats thousands of veterans annually, making proper protocols essential to prevent fatal medical errors.

• St. Louis VA Medical Center: This comprehensive medical facility provides specialized care where failure to follow established medical standards can have devastating consequences for veteran patients.

View all Missouri VA & Military Facilities

• Sudden, unexpected death during routine medical procedures or hospital stays when your loved one was expected to recover
• Death following misdiagnosis or delayed diagnosis of serious conditions like heart attacks, strokes, or infections
• Fatal complications after surgery that medical staff seemed unprepared to handle or failed to recognize promptly
• Death attributed to medication reactions when proper monitoring or drug interaction checks might have prevented the outcome
• Emergency room discharge followed by death within hours or days from conditions that should have been diagnosed
• Death from infections that developed during hospitalization, especially if proper sterile procedures weren't followed
• Fatal outcomes when medical staff ignored or dismissed concerning symptoms that your loved one or family members reported

Economic Damages

Under Missouri's wrongful death statute (RSMo 537.090), surviving family members may recover specific economic losses, including medical, doctor, and hospital bills incurred prior to death, funeral expenses, and compensation for the reasonable value of services the deceased would have provided. Economic damages also encompass lost future earnings and benefits the deceased would have contributed to the family, loss of inheritance the family would have received, and the value of household services, guidance, and training the deceased provided to children and spouse.

Non-Economic Damages

Missouri law allows recovery for the loss of consortium, companionship, comfort, instruction, guidance, counsel, and support associated with the death. Families may also seek compensation for the suffering the deceased experienced between the injury and death. However, Missouri law specifically prohibits recovery for damages to the decedent caused by the death itself, focusing instead on losses to surviving family members.

Under Missouri's wrongful death statute (RSMo 537.080), only certain family members may bring wrongful death claims, with spouses, children, and parents having first priority. Missouri does not impose statutory caps on wrongful death damages, unlike some states with medical malpractice damage limitations. Since FTCA claims are filed against the federal government, federal law governs the claims process, but Missouri's wrongful death statute determines who may sue and what damages are recoverable.

Statute of Limitations

The Federal Tort Claims Act (28 U.S.C. § 2401) requires that administrative claims be filed with the appropriate federal agency within two years of when the claim accrues. For wrongful death cases, this typically means within two years of the date of death. Missouri's three-year wrongful death limitation period may provide additional time in certain circumstances, but the federal requirements generally control for FTCA claims.

Expert Witness Requirements

Missouri medical malpractice cases typically require expert medical testimony to establish the standard of care and how it was breached. For wrongful death cases involving complex medical issues, qualified medical experts must demonstrate that the care provided fell below accepted medical standards and directly caused the death. The expert must be familiar with the relevant medical specialty and the standards that applied at the time of treatment.

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

For FTCA wrongful death claims against VA or military hospitals, you must file an administrative claim within two years of the death under federal law (28 U.S.C. § 2401). Missouri's three-year wrongful death statute may apply in some circumstances, but federal deadlines typically control for claims against government facilities.

Under Missouri law (RSMo 537.090), you may recover medical and funeral expenses, lost future earnings and services, and compensation for loss of companionship, guidance, and support. Missouri does not cap wrongful death damages, allowing full compensation for both economic and non-economic losses to surviving family members.

Missouri does not impose statutory caps on wrongful death damages, unlike some states that limit medical malpractice recoveries. This means families can seek full compensation for their losses without artificial limitations, though each case's value depends on the specific circumstances and evidence presented.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for medical negligence at military hospitals. The government assumes liability for the actions of its medical personnel when they act within the scope of their employment.

Yes, Missouri medical malpractice cases typically require expert medical testimony to prove the standard of care was breached and caused the death. The expert must be qualified in the relevant medical specialty and familiar with the standards that should have been followed.

FTCA wrongful death cases typically take 18 months to several years to resolve. The process begins with filing an administrative claim, which the government has six months to investigate. If denied or ignored, you can then file a federal lawsuit, which may take additional years to reach resolution through settlement or trial.

Under Missouri law (RSMo 537.080), spouses, children, parents, and lineal descendants have first priority to file wrongful death claims. If no immediate family members exist, siblings or their descendants may file claims. The statute establishes a clear hierarchy of who has the legal right to seek compensation.

Missouri defines wrongful death as occurring when "the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages" (RSMo 537.080). Essentially, if the deceased could have sued for the injuries had they survived, the death may be considered wrongful.

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

• 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 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 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 Wrongful Death victims. Our Missouri 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 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 Surgical Errors Cases
• Missouri Emergency Room Errors Cases
• Missouri 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 Missouri, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you must file your FTCA claim within two years of when you knew or should have known about the negligence that caused the death. This process begins with filing an administrative claim using Standard Form 95, giving the VA six months to investigate and respond to your claim before you can file a lawsuit.

Having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals understand both the complex medical issues involved in VA care and the specific legal requirements of FTCA claims. They can accurately identify deviations from the standard of care, analyze medical records effectively, and build a stronger case by understanding both the medical and legal aspects of your situation.

Under the FTCA, you may be eligible to recover several types of damages in a wrongful death case. These can include medical expenses incurred before death, funeral and burial costs, loss of future income and benefits, and loss of companionship. Missouri law also allows for recovery of pain and suffering experienced by your loved one before death, as well as the emotional distress experienced by surviving family members.

It's important to note that FTCA claims follow the wrongful death laws of the state where the negligence occurred. In Missouri, specific family members have priority in bringing these claims, starting with the surviving spouse, children, or parents. The process can be complex, requiring detailed documentation and expert testimony to prove both negligence and damages.

Don't wait to explore your legal options. Many law firms specializing in VA medical malpractice offer free, confidential case evaluations to help you understand your rights and the potential value of your claim. Speaking with an experienced doctor-attorney can help you determine whether you have a viable case and ensure you meet all critical deadlines. Contact a qualified attorney today to protect your rights and seek the compensation your family deserves.

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

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