Nebraska VA & Military Surgical Errors Malpractice Attorneys

Veterans and military families trust Nebraska's VA medical centers and military hospitals for competent, safe surgical care. Unfortunately, surgical errors continue to occur at federal medical facilities, causing devastating injuries that could have been prevented with proper care.

At the Archuleta Law Firm, our founding attorney brings a unique combination of medical and legal expertise as both a licensed physician and attorney. Our dual medical-legal background helps us identify violations of care standards and understand complex surgical error cases. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act (FTCA) cases, we have the expertise to navigate these challenging federal claims.

If you or a loved one suffered harm due to a surgical error at a Nebraska VA or military facility, you have legal rights under the Federal Tort Claims Act. Understanding these rights and the specific requirements for filing an FTCA claim is crucial to securing the compensation you deserve.

• Wrong-Site Surgery: When surgeons operate on the incorrect body part, limb, or organ due to inadequate pre-operative verification procedures, patient identification failures, or communication breakdowns between surgical team members.

• Retained Surgical Instruments: Leaving surgical sponges, clamps, or other instruments inside a patient's body after surgery happens due to improper counting or failure to follow safety checklists.

• Anesthesia Errors: Anesthesia errors include incorrect dosages, failure to monitor vital signs, or neglecting to review medical history for allergies and contraindications that could lead to respiratory failure or cardiac arrest.

• Post-Operative Care Negligence: Post-operative care negligence includes failing to properly monitor patients, missing signs of infection, inadequate pain management, or premature discharge without assessing recovery.

• Surgical Site Infections: Surgical site infections can occur due to inadequate sterilization, improper wound care, or failure to administer prophylactic antibiotics, leading to serious infections and complications.

• Communication Failures: Poor coordination between surgical team members, inadequate handoff procedures between shifts, or failure to communicate critical patient information that results in preventable surgical complications.

Our firm represents clients who suffered surgical errors at major VA medical centers and military facilities throughout Nebraska. These facilities perform thousands of surgical procedures annually, creating numerous opportunities for medical negligence to occur.

• VA Nebraska-Western Iowa Health Care System (Omaha): This major medical center provides complex surgical services and has faced scrutiny for patient safety issues in various departments.

• VA Nebraska-Western Iowa Health Care System (Grand Island): A significant outpatient facility that performs various surgical procedures and has experienced staffing challenges that can contribute to medical errors.

• Offutt Air Force Base Medical Clinic (Bellevue): While primarily an outpatient facility, this military medical clinic provides surgical services to active duty personnel and their families.

View all Nebraska VA & Military Facilities

• Unexpected complications that required additional surgeries or extended hospitalization beyond what was originally planned
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body after the procedure
• Surgery performed on the wrong body part, wrong side, or completely wrong patient
• Severe infections at the surgical site that developed despite following all post-operative care instructions
• Anesthesia complications that resulted in brain damage, cardiac arrest, or other serious injuries
• Lack of informed consent about significant risks associated with the surgical procedure
• Post-operative complications that medical staff failed to recognize or treat promptly, leading to worsened outcomes

Economic Damages

Nebraska surgical error victims can recover economic losses including: corrective surgery costs ($10,000-$100,000+), lifetime medical care, rehabilitation expenses, lost wages, reduced earning capacity, medical equipment costs, and home healthcare expenses.

Non-Economic Damages

Victims may also recover compensation for pain and suffering endured due to the surgical error and subsequent complications, loss of enjoyment of life and inability to participate in previously enjoyed activities, emotional distress and psychological trauma from the medical negligence, disfigurement or scarring resulting from additional corrective procedures, and loss of consortium affecting relationships with spouses and family members.

Under Nebraska's Medical Liability Act (Neb. Rev. Stat. § 44-2825), non-economic damages in medical malpractice cases are generally capped at $2.25 million. However, FTCA claims against federal facilities are governed by federal law, which may interact differently with state damage limitations. Nebraska also follows a modified comparative negligence rule (Neb. Rev. Stat. § 25-21,185.09), meaning recovery may be reduced if the patient's actions contributed to their injuries, though this rarely applies in clear surgical error cases.

Statute of Limitations: The Federal Tort Claims Act requires all claims against VA and military facilities to be filed within two years of discovery of the injury (28 U.S.C. § 2675). Nebraska's discovery rule may apply in cases where the surgical error was not immediately apparent, such as retained surgical instruments that cause symptoms months or years later.

Expert Witness Requirements: Under Nebraska law (Neb. Rev. Stat. § 25-12,108), medical malpractice cases require testimony from qualified medical experts who can establish the appropriate standard of care and explain how it was violated. For surgical error cases, this typically requires testimony from surgeons in the same specialty who can address proper surgical procedures and patient safety protocols.

FTCA claims also require exhaustion of administrative remedies by first filing a claim with the appropriate federal agency before pursuing litigation in federal court.

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 have two years from the date you discovered or reasonably should have discovered the surgical error to file your claim. Nebraska's discovery rule may extend this deadline in cases where errors like retained surgical instruments weren't immediately apparent.

You can recover both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). While Nebraska caps non-economic damages at $2.25 million under state law (Neb. Rev. Stat. § 44-2825), FTCA claims are governed by federal law and may have different limitations.

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 its employees acting within the scope of their employment.

Yes, Nebraska requires expert medical testimony in malpractice cases (Neb. Rev. Stat. § 25-12,108). You'll need a qualified surgeon who can testify about the appropriate standard of care and how it was violated in your specific case.

FTCA cases generally take 18 months to 3 years to resolve, depending on the complexity of the medical issues and the government's willingness to negotiate. You must first exhaust administrative remedies before filing a federal lawsuit, which can add several months to the process.

Emergency situations don't excuse clear violations of the standard of care. While doctors have more discretion during emergencies, basic safety protocols like patient identification, surgical site verification, and instrument counts must still be followed.

Yes, if a surgical error results in death, eligible family members can file wrongful death claims under the FTCA. These claims can include funeral expenses, lost future earnings, and loss of companionship, following Nebraska's wrongful death statute for damages calculation.

Key evidence includes all medical records from the procedure and subsequent treatment, operative reports and surgical notes, witness statements from family members about your condition before and after surgery, expert medical testimony establishing the standard of care violation, and documentation of all damages including medical bills and lost income.

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

• 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 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 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 Surgical Errors victims. Our Nebraska 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 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 Emergency Room Errors Cases
• Nebraska Brain Injury Cases
• Nebraska 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 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 VA facility has caused harm, but you must follow strict deadlines and procedures.

You have two years from the date of the surgical error (or from when you reasonably should have discovered the injury) to file an administrative claim using Standard Form 95. This is the first required step - you cannot file a lawsuit until you've completed this administrative process. 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 can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their dual expertise allows them to build stronger cases by combining legal strategy with medical knowledge, which is particularly important in Nebraska where medical malpractice cases require substantial expert testimony.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages and 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 be entitled to lifetime lost wages. Family members may also recover damages for loss of support and companionship in severe cases.

Don't wait to explore your legal options - surgical error cases become more challenging to prove as time passes and evidence becomes harder to gather. Many experienced FTCA attorneys offer free case evaluations to help you understand your rights and options. During this consultation, they can review your medical records, explain the FTCA process specific to your situation, and help determine if you have a valid claim. Remember, you won't owe any legal fees unless your case is successful, as most FTCA attorneys work on a contingency fee basis.

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

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