Nebraska VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and military families trust Nebraska's VA medical centers and military hospitals to provide competent, safe treatment. Unfortunately, medical negligence during surgeries, emergency care, or routine procedures can result in catastrophic spinal cord injuries that forever change lives and families.

Spinal cord injuries represent some of the most devastating consequences of medical malpractice, often resulting in permanent paralysis, loss of sensation, and the need for lifelong medical care. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor. That means we have unique insight into the complex medical and legal issues in spinal cord injury cases. This dual expertise allows us to identify standard of care violations that other attorneys might miss.

If you or a loved one suffered a spinal cord injury at a Nebraska VA or military facility, the Federal Tort Claims Act (FTCA) gives you legal rights. Federal claims follow unique procedures and strict deadlines, distinct from Nebraska state law. To get the compensation you need for a lifetime of care and support, you must understand your rights under the FTCA.

• Surgical Positioning Errors: Improper positioning during surgery, particularly spinal procedures, can cause compression or damage to the spinal cord. Medical staff must follow strict protocols to protect the spine during all surgical procedures.

• Delayed Diagnosis of Spinal Compression: When patients present with symptoms of spinal cord compression—such as severe back pain, weakness, or numbness—immediate imaging and intervention are required. Delays in diagnosis can lead to permanent paralysis that could have been prevented.

• Medication Administration Errors: Incorrect injection of medications into the spinal canal, particularly epidural or spinal anesthesia, can cause direct chemical damage to spinal cord tissue or dangerous drops in blood pressure affecting spinal perfusion.

• Failure to Monitor During High-Risk Procedures: Procedures involving the spine or requiring specific positioning demand continuous monitoring of neurological function. Failure to recognize signs of spinal cord compromise during surgery constitutes a clear breach of the standard of care.

• Post-Operative Complications: If medical staff fails to promptly recognize and treat post-surgical complications, such as spinal hematomas, infections, or hardware displacement, progressive spinal cord damage can result and become irreversible without immediate intervention.

• Emergency Room Mismanagement: If trauma patients may have spinal injuries, they require immediate spinal immobilization and careful evaluation. Improper handling or failure to maintain spinal precautions can convert a stable spinal injury into complete paralysis.

Our firm represents clients injured at major military and VA medical facilities throughout Nebraska, where complex medical procedures and emergency care create risks for spinal cord injuries when proper protocols aren't followed.

Major Nebraska VA & Military Facilities:

• VA Nebraska-Western Iowa Health Care System (Omaha) - This major medical center performs complex spinal surgeries and treats high-risk patients where positioning and surgical errors can cause catastrophic spinal cord damage.
• VA Nebraska-Western Iowa Health Care System (Grand Island) - Emergency and acute care services at this facility require strict spinal precautions that, when violated, can result in preventable paralysis.
• Offutt Air Force Base Medical Clinic (Bellevue) - Military medical facilities treating active duty personnel and families must maintain the highest standards during procedures involving spinal anesthesia and emergency care.

View all Nebraska VA & Military Facilities

• No pre-operative discussion of spinal risks during procedures known to pose spinal cord injury risks
• Delayed response to post-operative neurological symptoms such as new weakness, numbness, or loss of function
• Failure to obtain immediate imaging when spinal cord injury was suspected or when neurological symptoms developed
• Inadequate spinal immobilization following trauma or during emergency transport
• Medication errors involving spinal injections or epidural procedures that resulted in immediate neurological symptoms
• Surgical complications that weren't promptly addressed, such as bleeding near the spinal cord or hardware malposition
• Missing or incomplete neurological monitoring during high-risk procedures or in patients with known spinal vulnerabilities

Economic Damages

Spinal cord injury cases typically involve substantial economic damages that continue throughout the victim's lifetime. These include emergency care and initial hospitalization costs, multiple surgical procedures and spinal hardware, comprehensive rehabilitation and physical therapy programs, lifetime attendant care and personal assistance, specialized medical equipment including wheelchairs and adaptive devices, home and vehicle modifications for accessibility, and future lost wages and diminished earning capacity. The lifetime cost of care for spinal cord injury victims can exceed several million dollars depending on the level and completeness of the injury.

Non-Economic Damages

Spinal cord injuries create devastating non-economic impacts beyond financial costs. Victims may recover compensation for severe physical pain and ongoing discomfort, profound emotional distress and depression, complete loss of enjoyment of previously loved activities, loss of independence and dignity, and devastating impact on family relationships and intimacy. These damages recognize that spinal cord injuries affect every aspect of a person's life and relationships.

Nebraska-Specific Considerations

Under Nebraska law, medical malpractice damages are subject to statutory caps. Nebraska Revised Statutes impose a $2.25 million cap on combined economic and non-economic damages for medical malpractice cases occurring after December 31, 2014. For FTCA claims against federal facilities, federal law governs the damages analysis, though Nebraska law may influence the calculation. Federal courts may apply different compensation standards than state courts, requiring careful analysis of damage caps in spinal cord injury cases.

Nebraska Legal Requirements for Spinal Cord Injury Claims

Statute of Limitations

FTCA claims involving spinal cord injuries at Nebraska VA or military facilities must comply with federal deadlines. Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date of injury or discovery to file an administrative claim with the federal agency. This federal deadline is shorter than Nebraska's general four-year statute of limitations for personal injury claims. Nebraska's discovery rule may apply when the connection between medical care and spinal cord injury wasn't immediately apparent, but federal courts apply this rule strictly in FTCA cases.

Expert Witness Requirements

Nebraska medical malpractice cases typically require expert medical testimony to establish the standard of care and prove how it was violated. For spinal cord injury cases, experts must be qualified in the specific medical specialty involved—whether neurosurgery, orthopedic surgery, anesthesiology, or emergency medicine. The complexity of spinal cord injury cases often requires multiple experts to address different aspects of care, including surgical technique, post-operative monitoring, and rehabilitation medicine.

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

For FTCA claims at VA or military facilities, you have two years from the date of injury or discovery under federal law (28 U.S.C. § 2401). This is shorter than Nebraska's four-year personal injury statute. You must first file an administrative claim with the federal agency before pursuing a lawsuit.

Economic damages include all medical expenses, rehabilitation costs, lifetime care needs, lost wages, and future earning capacity. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. The total recovery depends on the severity and level of your spinal cord injury.

Nebraska limits medical malpractice damages to $2.25 million for cases after 2014 (Neb. Rev. Stat. § 44-2825). However, FTCA claims are federal cases where federal law may override state damage caps. The interaction between state and federal law requires careful legal analysis in each case.

You cannot sue individual military doctors personally. Instead, you file an FTCA claim against the United States government. The government becomes liable for the negligent acts of its employees, including military medical personnel, when acting within their official duties.

Yes, Nebraska requires expert medical testimony to prove malpractice in spinal cord injury cases. Experts must be qualified in the relevant medical specialty and able to testify about the standard of care and how it was violated in your specific case.

FTCA cases typically take 2-4 years from filing to resolution. The process includes a mandatory administrative claim period (minimum 6 months), discovery, expert depositions, and either settlement negotiations or trial. Complex spinal cord injury cases often require extensive medical record review and multiple expert opinions.

Nebraska and federal law recognize that some injuries aren't immediately apparent. The statute of limitations may begin when you discovered or reasonably should have discovered that your spinal cord injury was caused by medical negligence, not necessarily when the negligent act occurred.

Yes, spouses may recover damages for loss of consortium, companionship, and services. In cases involving complete paralysis, family members often become caregivers and may recover compensation for the impact on their lives and the value of care they provide.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence 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 Spinal Cord Injury 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 Spinal Cord Injury 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 Spinal Cord Injury takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence 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 Spinal Cord Injury victims. Our Nebraska Spinal Cord Injury 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

Spinal Cord Injury Resources

• Spinal Cord Injury Lawyers (Nationwide) - General Spinal Cord Injury 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 dealing with a spinal cord injury from medical care at a VA facility in Nebraska, 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 federal facility causes serious harm, but you must act within strict timeframes.

You have two years from the date you discovered (or reasonably should have discovered) your injury to file an administrative claim with the VA using Standard Form 95. The VA then has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you have six months to file a federal lawsuit. Missing these deadlines can permanently bar your right to compensation.

For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals understand both the complex medical aspects of spinal cord injuries and the legal intricacies of FTCA claims. They can accurately assess whether the standard of care was breached, identify all responsible parties within the VA system, and effectively communicate the full extent of your injuries to the court.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, rehabilitation costs, medical equipment, home modifications, lost wages, and reduced earning capacity. You can also seek compensation for pain and suffering, loss of enjoyment of life, and the impact on your family relationships. For Nebraska veterans with spinal cord injuries, these damages often include specialized care at facilities like the VA Nebraska-Western Iowa Health Care System.

Don't navigate this complex process alone. Many attorneys who specialize in veteran FTCA claims offer free initial case evaluations to help you understand your rights and options. During this consultation, they can review your medical records, explain the strength of your case, and outline the next steps. Since FTCA claims operate on a contingency fee basis, you won't pay attorney fees unless you receive compensation. Contact a qualified attorney today to ensure your rights are protected and to begin the process of securing the compensation you deserve for your spinal cord injury.

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 Misdiagnosis Cases
• Nebraska Medication Errors Cases
• Nebraska Wrongful Death Cases