Montana VA & Military Wrongful Death Malpractice Attorneys

Medical negligence at VA and military hospitals increases the grief of Montana veterans' families after losing loved ones. Wrongful death is the most devastating medical malpractice, often from failures in diagnosis, treatment, or emergency care.

At the Archuleta Law Firm, our founding attorney is a licensed attorney and doctor, with unique expertise in wrongful death legal and medical issues. This perspective helps us find medical negligence that other attorneys miss and build strong cases for Montana families seeking justice under the Federal Tort Claims Act (FTCA).

The Federal Tort Claims Act lets families file wrongful death claims against the U.S. government when negligence at federal medical facilities causes preventable deaths. You must understand how Montana's legal requirements interact with federal law to protect your rights and secure fair compensation.

• Failure to Diagnose Heart Attacks or Strokes: When emergency room staff misinterpret symptoms or fail to order appropriate diagnostic tests, patients can die from treatable cardiac events or strokes. This constitutes malpractice when the standard of care requires immediate intervention.

• Medication Errors and Drug Interactions: Prescribing incorrect medications, wrong dosages, or failing to check for dangerous drug interactions can result in fatal reactions. Hospital pharmacists and physicians have a duty to verify medications and monitor for adverse effects.

• Delayed Emergency Treatment: When triage nurses or emergency physicians fail to recognize life-threatening conditions, critical delays in treatment can prove fatal. The standard of care requires prompt assessment and stabilization of emergency patients.

• Surgical Complications and Negligence: Operating on wrong body parts, leaving surgical instruments inside patients, or failing to control bleeding during surgery can lead to preventable deaths. Surgical teams must follow established protocols to prevent these errors.

• Failure to Monitor Post-Operative Patients: Inadequate monitoring after surgery can allow complications like infections, blood clots, or respiratory distress to progress to fatal stages when early intervention could have prevented death.

• Mismanagement of Chronic Conditions: Failing to properly manage diabetes, heart disease, or other chronic conditions can lead to preventable deaths when patients rely on VA or military physicians for ongoing care.

We represent families in wrongful death cases throughout Montana's federal medical facilities, including major VA medical centers and military treatment facilities where complex medical care increases the risk of fatal errors.

• VA Montana Healthcare System (Fort Harrison): This major VA medical center serves veterans across Montana and provides complex medical services where diagnostic errors or treatment delays can prove fatal.

• Malmstrom Air Force Base Medical Clinic (Great Falls): Military personnel and their families receive medical care at this facility, where emergency treatment failures or medication errors can result in preventable deaths.

• VA Community Based Outpatient Clinics: Multiple VA clinics throughout Montana provide primary care and specialty services where misdiagnosis or failure to refer patients for urgent care can lead to wrongful death.

View all Montana VA & Military Facilities

• Your loved one complained of symptoms that were dismissed or inadequately investigated by medical staff
• Emergency room physicians failed to order standard diagnostic tests despite concerning symptoms
• There were unexplained delays in treatment or surgery when time was critical
• Medical staff failed to respond appropriately to changes in your loved one's condition
• Medications were changed shortly before death without proper monitoring
• Your loved one was discharged from the hospital despite ongoing symptoms
• Multiple physicians disagreed about the diagnosis or treatment plan
• Hospital staff seemed unprepared for emergency situations or lacked necessary equipment

Economic Damages

You can recover quantifiable financial losses in Montana wrongful death cases. Economic damages include lost wages and benefits your loved one would have earned over their expected lifetime, medical expenses incurred before death, funeral and burial costs, and loss of household services your loved one provided. For younger victims or those with high-earning potential, lifetime economic losses can reach hundreds of thousands or millions of dollars. Military families may also recover lost military benefits and pension contributions.

Non-Economic Damages

Montana law recognizes the profound emotional impact of wrongful death through non-economic damages. These include compensation for the loss of companionship, guidance, and emotional support your loved one provided to family members. Pain and suffering endured by surviving family members, loss of consortium for surviving spouses, and the emotional trauma of losing a loved one to preventable medical negligence are all compensable under Montana law.

Montana-Specific Considerations

Under Montana's wrongful death statute (Mont. Code Ann. § 27-2-204), families have three years from the date of death to file wrongful death claims. However, FTCA claims against federal facilities must be filed within two years under 28 U.S.C. § 2675, making the federal deadline controlling for VA and military cases. Montana does not impose damage caps on wrongful death cases, allowing full recovery of both economic and non-economic damages. This differs from some states with medical malpractice caps, giving Montana families access to complete compensation for their losses.

### Statute of Limitations

The Federal Tort Claims Act requires families to file administrative claims within two years of discovering the wrongful death (28 U.S.C. § 2675). The federal two-year requirement supersedes Montana's three-year statute (Mont. Code Ann. § 27-2-204) for VA and military cases. Montana's discovery rule may apply when families don't immediately realize that medical negligence caused the death, potentially extending the filing deadline.

### Expert Witness Requirements

Montana requires expert medical testimony to establish the standard of care and prove that negligence caused the wrongful death. Medical experts must be qualified in the same specialty as the defendant physician and familiar with the applicable standard of care. In wrongful death cases, experts must also establish that proper medical care would have prevented the death, requiring detailed analysis of medical records and treatment decisions.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), families must file administrative claims against VA or military facilities within two years of discovering the wrongful death. While Montana's general wrongful death statute allows three years (Mont. Code Ann. § 27-2-204), the federal deadline controls for claims against government facilities.

Montana allows recovery of both economic damages (lost income, medical expenses, funeral costs) and non-economic damages (loss of companionship, emotional suffering). Unlike some states, Montana does not cap wrongful death damages, allowing full compensation for your family's losses.

Montana does not impose damage caps on wrongful death cases, meaning families can recover the full amount of their economic and non-economic losses. This provides more complete compensation compared to states with medical malpractice caps that limit recovery.

You cannot sue individual military doctors personally, but you can file FTCA claims against the U.S. government for negligence by military medical personnel. The government becomes liable for wrongful death caused by military doctors acting within their scope of employment.

Yes, Montana requires qualified medical experts to establish the standard of care and prove that negligence caused the wrongful death. Experts must be familiar with the applicable medical standards and able to testify that proper care would have prevented the death.

FTCA wrongful death cases typically take 18-36 months to resolve, depending on the complexity of medical issues and the government's response to your administrative claim. Cases requiring federal court litigation may take longer, but most settle during the administrative process.

The same FTCA procedures apply regardless of facility size. Whether death occurred at a major VA medical center or smaller community clinic, you have the same rights to file wrongful death claims against the federal government for medical negligence.

Yes, pre-existing medical conditions do not prevent wrongful death claims if negligent care contributed to or accelerated the death. Medical experts can distinguish between deaths caused by underlying conditions versus those resulting from substandard medical care.

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

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

Montana VA Malpractice Information

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

Other Montana Case Types We Handle

• Montana Surgical Errors Cases
• Montana Emergency Room Errors Cases
• Montana 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 Montana, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you have the right to seek compensation, but strict deadlines apply. You must file your administrative claim within two years of when you knew or should have known about the medical negligence that caused the death. This is done by submitting Standard Form 95 to the Department of Veterans Affairs. The VA then has six months to investigate and respond to your claim.

Having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals understand both the legal complexities of FTCA claims and the medical standards of care that should have been provided. They can accurately identify where treatment deviated from accepted standards and effectively communicate these failures to the court. This medical-legal expertise is particularly valuable when dealing with complex cases involving multiple health conditions or treatments, which are common in VA medical care situations.

Through an FTCA wrongful death claim, you may be eligible to recover several types of damages. These can include medical expenses incurred before death, funeral and burial costs, loss of future income and benefits, and loss of companionship. Montana law also allows for recovery of damages related to the deceased's pain and suffering before death, as well as the emotional distress experienced by surviving family members. If your loved one was receiving disability benefits or other VA compensation, these factors will be considered in calculating potential damages.

Don't let uncertainty about the legal process prevent you from seeking justice for your loved one. Many experienced FTCA attorneys offer free, confidential case evaluations to veterans' families in Montana. During this consultation, you can learn about your legal options without any obligation. Given the complexity of these cases and the strict filing deadlines, it's important to speak with a qualified attorney as soon as possible. Your family deserves to understand your rights and options under the FTCA, and a free case evaluation is the first step toward getting the answers and justice you deserve.

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

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