Nebraska VA & Military Wrongful Death Malpractice Attorneys

Families trust Nebraska's VA medical centers and military hospitals to provide life-saving care, not cause preventable deaths through negligence. Tragically, medical errors at federal facilities can result in wrongful deaths that devastate families and leave them wondering if proper care could have saved their loved one's life.

A Journal of Patient Safety study reveals preventable medical errors cause over 250,000 annual deaths in U.S. hospitals - ranking third among leading causes of death. At the Archuleta Law Firm, our founding attorney is both a licensed physician and attorney—providing unique medical insight into wrongful death cases and the clinical standards that were violated. Because our founding attorney is also a physician, we can identify medical negligence that other attorneys might miss.

If your loved one died due to medical negligence at a Nebraska VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand these rights and Nebraska's wrongful death laws to hold the federal government accountable and secure justice for your family.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss critical symptoms of heart attacks, strokes, sepsis, or cancer, delayed treatment can prove fatal. Misreading test results or failing to order appropriate diagnostic tests violates the standard of care and can constitute medical malpractice.

• Medication Errors Leading to Death: Prescribing wrong medications, incorrect dosages, or failing to check for dangerous drug interactions can cause fatal reactions. Pharmacy errors and failure to monitor patients on high-risk medications represent clear departures from accepted medical practice.

• Surgical Negligence and Post-Operative Complications: Operating on wrong body parts, leaving surgical instruments inside patients, or failing to monitor for post-surgical complications like infections or blood clots can result in preventable deaths that constitute medical malpractice.

• Emergency Room Delays and Mismanagement: Failing to triage patients appropriately, discharging patients with serious conditions, or delays in emergency treatment can turn treatable conditions into fatal outcomes when proper protocols aren't followed.

• Anesthesia Errors During Procedures: Administering incorrect anesthesia dosages, failing to monitor patients during surgery, or inadequate pre-operative evaluation can lead to fatal complications that proper care would have prevented.

• Failure to Provide Timely Emergency Care: When medical staff delay responding to cardiac arrests, respiratory distress, or other medical emergencies, the resulting death may constitute negligence if prompt intervention could have saved the patient's life.

Our firm represents families seeking justice for wrongful deaths that occurred at major federal medical facilities throughout Nebraska. These facilities handle complex medical cases where the risk of fatal errors increases without proper oversight and adherence to medical standards.

• VA Nebraska-Western Iowa Health Care System (Omaha): This major medical center provides comprehensive care to thousands of veterans, where complex medical decisions and emergency situations can lead to fatal errors when proper protocols aren't followed.

• VA Nebraska-Western Iowa Health Care System (Grand Island): Serving rural veterans across central Nebraska, this facility's emergency and specialty care departments must maintain high standards to prevent preventable deaths.

• Offutt Air Force Base Medical Clinic (Bellevue): Military personnel and their families receive care at this facility, where medical negligence in emergency situations or routine care can have fatal consequences.

View all Nebraska VA & Military Facilities

• Sudden, unexpected death after routine medical procedure or treatment at a federal facility
• Death following obvious misdiagnosis or failure to diagnose a treatable condition
• Fatal complications from medication errors, wrong dosages, or dangerous drug interactions
• Death after emergency room staff discharged your loved one despite serious symptoms
• Fatal surgical complications that could have been prevented with proper technique or monitoring
• Death following failure to respond appropriately to medical emergencies or cardiac events
• Preventable death due to hospital-acquired infections or failure to maintain sterile conditions

Economic Damages

Under Nebraska Revised Statutes § 30-810, families can recover specific economic losses resulting from wrongful death. These damages include funeral and burial expenses, which can range from $7,000 to $15,000 for traditional services. Medical bills related to the final injury or illness that led to death are recoverable when beneficiaries have paid or become legally obligated to pay them. The loss of financial support is a significant economic damage. This is based on the deceased's expected lifetime earnings, benefits, and pension contributions. Additionally, families can recover the monetary value of household services, childcare, and other contributions the deceased would have provided throughout their expected lifespan.

Non-Economic Damages

Nebraska law allows recovery for "the pecuniary value of the loss of the decedent's support, society, comfort, and companionship" under Nebraska Revised Statutes § 30-810. This includes the loss of guidance, emotional support, and companionship that surviving family members experience. The law also permits recovery for the pain and suffering the deceased experienced before death, if there is evidence of conscious suffering. Loss of consortium—the intimate relationship between spouses—is another significant component of non-economic damages in wrongful death cases.

Nebraska-Specific Considerations

Under Nebraska Revised Statutes § 30-810, wrongful death damages "shall be paid to and distributed among the widow or widower and next of kin in the proportion that the pecuniary loss suffered by each bears to the total pecuniary loss suffered by all such persons." Unlike some states, Nebraska does not impose statutory caps on wrongful death damages, allowing full recovery of proven losses. However, when FTCA claims are involved, federal law may limit certain types of damages. An important requirement under Nebraska law mandates that "a personal representative shall not compromise or settle a claim for damages hereunder until the court by which he or she was appointed shall first have consented to and approved the terms thereof."

Nebraska Legal Requirements for Wrongful Death Claims

Statute of Limitations: The Federal Tort Claims Act requires wrongful death claims against the U.S. government to be filed within two years from the date of death (28 U.S.C. § 2401). Nebraska's wrongful death statute similarly establishes a two-year limitation period under Nebraska Revised Statutes § 30-810, which states "Every such action shall be commenced within two years after the death of such person." Unlike medical malpractice discovery rules, wrongful death claims begin when death occurs, not when negligence is discovered.

Expert Witness Requirements: Nebraska requires qualified medical experts to establish the standard of care and prove how medical negligence caused the wrongful death. These experts must demonstrate that the federal medical providers' actions fell below accepted medical standards and directly resulted in the patient's death. The expert's qualifications must match the medical specialty involved in the case.

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

Under Nebraska Revised Statutes § 30-810, wrongful death actions must be commenced within two years after the death occurs. For FTCA claims against federal facilities, the Federal Tort Claims Act also imposes a two-year limitation period from the date of death. Missing this deadline typically bars your claim permanently.

Nebraska law allows recovery of economic damages like funeral expenses, medical bills, and loss of financial support, plus non-economic damages for loss of companionship and guidance. Under Nebraska Revised Statutes § 30-810, damages are distributed among surviving family members "in the proportion that the pecuniary loss suffered by each bears to the total pecuniary loss."

Nebraska does not impose statutory caps on wrongful death damages, allowing full recovery of proven losses. However, FTCA claims against federal facilities may be subject to federal limitations on certain types of damages, particularly punitive damages, which are generally not available in federal tort claims.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligent acts by federal employees acting within their scope of employment. The claim must be filed against the government, not the individual medical providers.

Yes, Nebraska requires qualified medical experts to prove that medical negligence caused the wrongful death. The expert must establish the applicable standard of care, show how it was breached, and demonstrate that the breach directly caused the death.

FTCA wrongful death cases typically take 18 months to 3 years to resolve. The process includes a mandatory administrative claim period, potential settlement negotiations, and possible federal court litigation if settlement cannot be reached.

Under Nebraska Revised Statutes § 30-809, only the personal representative of the deceased's estate can file a wrongful death action. The action is brought "for the exclusive benefit of the widow or widower and next of kin," and any settlement requires court approval.

Nebraska follows comparative negligence principles, meaning recovery may be reduced if the deceased's actions contributed to their death. However, this does not bar recovery entirely unless the deceased was more than 50% at fault for their own death.

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

• 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 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 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 Wrongful Death victims. Our Nebraska 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 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

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're a veteran or military family member in Nebraska dealing with the devastating loss of a loved one due to medical negligence at a VA facility, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA provides a pathway to seek justice, but you must act within strict time limitations.

You have two years from the date of the incident (or from when you reasonably should have known about the negligence) to file an administrative claim using Standard Form 95. Once you submit this claim, the VA has six months to respond. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

For military medical malpractice wrongful death cases, having an attorney who is also a medical doctor can significantly strengthen your 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 helps build a more compelling case by bridging the gap between legal requirements and medical evidence.

Through an FTCA claim, you may be able to recover several types of damages. These can include medical expenses incurred before death, funeral and burial costs, lost wages and benefits (including future earnings), and compensation for the pain and suffering your loved one experienced before passing. Nebraska law also allows certain family members to recover damages for loss of companionship and emotional distress.

However, navigating the FTCA process can be overwhelming, especially while grieving. Small errors in filing procedures or missing deadlines can permanently bar your claim. That's why it's essential to have experienced legal representation. Many qualified attorneys offer free, confidential case evaluations to help you understand your options and determine the strength of your case.

To protect your rights and ensure the best possible outcome, consider reaching out for a free consultation with a doctor-attorney who specializes in VA wrongful death cases. They can help evaluate your claim, gather necessary evidence, and guide you through each step of the FTCA process while you focus on healing. Don't wait to seek the justice your family deserves - the sooner you act, the better positioned you'll be to build a strong case.

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 Medication Errors Cases