Nebraska VA & Military Medication Errors Malpractice Attorneys

When veterans and military families seek medical care at Nebraska's VA facilities and military treatment centers, they trust that their medications will be prescribed, dispensed, and administered correctly. Unfortunately, medication errors at these federal facilities can result in serious injuries, worsened medical conditions, and even death.

The Federal Tort Claims Act (FTCA) allows veterans and their families to file claims against the U.S. government for medication errors that occur at VA medical centers and military hospitals. You must file FTCA claims (28 U.S.C. § 2675) within two years of the medication error. At the Archuleta Law Firm, our founding attorney is both a licensed physician and attorney, providing unique medical and legal expertise to understand medication errors and federal medical malpractice.

If you or a loved one suffered harm from a medication error at a Nebraska VA facility or military treatment center, understanding your rights under the FTCA is crucial to securing the compensation you deserve for your injuries.

• Wrong Medication Dispensed: Pharmacy staff may dispense the wrong medication due to similar drug names, inadequate verification procedures, or failure to double-check prescriptions against patient records, leading to dangerous adverse reactions or therapeutic failure.

• Incorrect Dosage Calculations: Medical staff may miscalculate dosages for pediatric patients or those with kidney/liver impairment, leading to ineffective treatment or toxic overdosing.

• Dangerous Drug Interactions: Failure to review a patient's complete medication list before prescribing new drugs can result in dangerous interactions that cause serious side effects, reduced effectiveness, or life-threatening complications.

• Administration Route Errors: Nurses or medical staff may administer medications through the wrong route (intravenous instead of intramuscular, for example), causing rapid absorption, tissue damage, or inadequate therapeutic effect.

• Failure to Monitor Patient Response: Medical providers may fail to properly monitor patients for adverse reactions or therapeutic response, missing critical signs that dosage adjustments or medication changes are needed.

• Inadequate Patient Education: Healthcare providers may fail to properly educate patients about their medications, including side effects to watch for, proper administration techniques, or important drug interactions to avoid.

Our firm represents clients who suffered medication errors at major VA medical centers and military treatment facilities throughout Nebraska. These large healthcare facilities handle complex medication regimens for thousands of patients, creating multiple opportunities for dangerous errors to occur.

• VA Nebraska-Western Iowa Health Care System, Omaha: This major medical center serves veterans across Nebraska and western Iowa, with extensive pharmacy operations that handle thousands of prescriptions daily.

• VA Nebraska-Western Iowa Health Care System, Grand Island: The community-based outpatient clinic provides ongoing medication management for chronic conditions, where dosing errors can have serious long-term consequences.

• Offutt Air Force Base Medical Clinic, Bellevue: This military treatment facility serves active duty personnel and their families, handling both routine medications and specialized treatments where errors can compromise mission readiness and family health.

View all Nebraska VA & Military Facilities

• You experienced unexpected severe side effects immediately after starting a new medication or changing dosages
• Your condition worsened significantly despite being prescribed medication that should have improved your symptoms
• You received a medication with a name similar to what was prescribed, but discovered it was the wrong drug entirely
• Laboratory tests showed toxic levels of medication in your system, or levels too low to be therapeutically effective
• You suffered an allergic reaction to a medication that your medical records clearly indicate you're allergic to
• Multiple medications were prescribed without anyone checking for dangerous interactions between them
• You were given medication through the wrong administration route (IV instead of oral, for example) causing immediate adverse effects

Economic Damages

Medication errors can result in financial losses recoverable through an FTCA claim. Economic damages include the costs of additional medical treatment to address complications from the medication error, such as emergency room visits, hospitalizations, and corrective treatments. Lost wages and reduced earning capacity are also compensable if the medication error caused permanent impairment. Long-term care costs, such as rehabilitation services, ongoing medical monitoring, and specialized treatments needed due to the medication error, can be a substantial financial burden. Prescription costs for additional medications needed to counteract the effects of the error may also be recovered.

Non-Economic Damages

Medication errors frequently cause significant non-economic harm beyond financial losses. Pain and suffering from the physical effects of wrong medications, incorrect dosages, or dangerous drug interactions can be substantial and long-lasting. Loss of enjoyment of life may result when medication errors cause permanent disabilities or chronic health problems that limit daily activities. Emotional distress, including anxiety about future medical treatment and fear of additional medication errors, commonly affects patients and their families. The impact on family relationships and quality of life when medication errors result in serious complications or permanent injury is also considered in damage calculations.

Nebraska-Specific Considerations

Under Nebraska's Hospital-Medical Liability Act (Neb. Rev. Stat. § 44-2855), there are specific provisions regarding medical malpractice damages that may interact with FTCA claims. However, since FTCA claims are filed against the federal government rather than under state law, federal damages rules generally apply. Nebraska's comparative fault rules may still be relevant if the government argues that the patient's actions contributed to the medication error. Understanding how state and federal law interact in these cases requires careful analysis of the specific circumstances of each medication error claim.

Statute of Limitations

The Federal Tort Claims Act requires that Standard Form 95 be filed within two years of when the medication error occurred. This deadline is strictly enforced and cannot be extended, making prompt action essential for preserving your legal rights.

Expert Witness Requirements

Nebraska medical malpractice cases typically require expert medical testimony to establish the standard of care and prove that a medication error constituted negligence. In FTCA medication error cases, medical experts must be qualified to testify about pharmacy practices, medication administration protocols, and the appropriate standard of care for the specific type of medication error that occurred.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file Standard Form 95 within two years of when the medication error occurred at a VA or military facility. This deadline is strictly enforced, and missing it will permanently bar your claim against the federal government.

You may recover economic damages including additional medical costs, lost wages, and ongoing care expenses, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. The specific damages depend on the severity of the medication error and its long-term effects on your health.

Since FTCA claims are filed against the federal government, federal law generally governs damage awards rather than Nebraska's state damage caps. However, Nebraska's comparative fault rules may still apply if the government argues that your actions contributed to the medication error.

You cannot sue individual military doctors or VA employees personally. Instead, you must file an FTCA claim against the United States government for the negligent actions of federal employees acting within the scope of their employment.

Yes, medication error cases typically require expert medical testimony to establish the standard of care and prove negligence. The expert must be qualified in the relevant medical specialty and familiar with medication administration protocols and pharmacy practices.

FTCA medication error cases typically take 18-36 months to resolve, depending on the complexity of the medical issues, the severity of injuries, and whether the government accepts or denies liability. The administrative claim process must be completed before any federal court lawsuit can be filed.

National Guard medical facilities may be covered under the FTCA if the medical personnel were acting in a federal capacity. However, the specific circumstances of the treatment and the status of the medical providers must be carefully analyzed to determine federal jurisdiction.

Yes, spouses and family members may file FTCA claims for their own damages resulting from a loved one's medication error, including loss of consortium, emotional distress, and in wrongful death cases, loss of financial support and companionship.

When you or a loved one has suffered wrong medication, incorrect dosage, dangerous drug interactions, and pharmacy errors at a Nebraska 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 Medication 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 Medication Errors cases.

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

• Compassionate Approach: We understand the physical, emotional, and financial toll that Medication 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 medication, incorrect dosage, dangerous drug interactions, and pharmacy errors at a Nebraska 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 Nebraska Medication Errors victims. Our Nebraska Medication 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 Nebraska 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.

Nebraska VA Malpractice Information

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

Other Nebraska Case Types We Handle

• Nebraska Surgical Errors Cases
• Nebraska Emergency Room Errors Cases
• Nebraska Brain Injury Cases

Medication Errors Resources

• Medication Errors Lawyers (Nationwide) - General Medication 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

As a veteran or military family member in Nebraska who has experienced harm from a medication error at a VA facility, you have important legal rights under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines and procedures you must follow. You generally have two years from the date of the medication error to file an administrative claim with the VA using Standard Form 95. Once you submit this claim, the VA has six months to investigate and respond before you can file a lawsuit in federal court.

Medication error cases involving veterans' healthcare are particularly complex because they combine military, medical, and legal elements. Having an attorney who is also a physician can be invaluable for these cases. A doctor-attorney can more effectively review your medical records, identify deviations from the standard of care, and explain complex medical concepts to the court. They understand both the VA healthcare system and how medication errors can lead to serious complications.

Through an FTCA claim, you may be able to recover various types of damages. These can include reimbursement for additional medical treatment needed to address the medication error, compensation for lost wages if you were unable to work, and damages for pain and suffering. In cases involving permanent injury or disability, you may also be eligible for future medical expenses and long-term care costs. Family members may be able to recover damages for loss of companionship in severe cases.

If you or a family member has experienced a medication error at a Nebraska VA facility, it's crucial to have your case evaluated promptly to protect your legal rights. Many veterans' medical malpractice attorneys offer free initial consultations and work on a contingency fee basis, meaning you don't pay unless they recover compensation for you. During this evaluation, an experienced attorney can review your medical records, explain your legal options, and help determine if you have a viable FTCA claim. Don't wait to seek legal guidance, as gathering evidence and building a strong case takes time within the FTCA's strict deadlines.

To discuss your situation with an experienced veterans' medical malpractice attorney, contact our office for a free, confidential case evaluation. Your service deserves the highest standard of care, and we're here to help when that standard isn't met.

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

• Nebraska Surgical Errors Cases
• Nebraska Emergency Room Errors Cases
• Nebraska Brain Injury Cases
• Nebraska Spinal Cord Injury Cases
• Nebraska Misdiagnosis Cases
• Nebraska Wrongful Death Cases