Nevada VA & Military Surgical Errors Malpractice Attorneys

Veterans and military families trust Nevada's VA medical centers and military hospitals to deliver safe, competent surgical care. Unfortunately, surgical errors at federal medical facilities can result in devastating complications, permanent disabilities, and even death—often due to preventable medical negligence.

The VA Office of Inspector General reports that surgical complications and errors top the list of incidents in VA healthcare facilities nationwide. At the Archuleta Law Firm, our founding attorney brings a unique dual perspective as both a licensed attorney and medical doctor (MD/JD), providing unmatched expertise in understanding both the medical standards of care and the complex legal framework governing surgical malpractice claims against the federal government.

If you or a loved one suffered harm from a surgical error at a Nevada VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). These claims require specialized knowledge of federal law, Nevada medical standards, and the administrative procedures that must be followed before filing suit against the United States government.

• Wrong-Site or Wrong-Patient Surgery: Failures in patient identification protocols or surgical site verification can lead to operations performed on the wrong body part or even the wrong patient, constituting clear violations of established safety standards.

• Retained Surgical Instruments: Leaving surgical sponges, clamps, or other instruments inside a patient's body breaches standard surgical count procedures meant to prevent this.

• Anesthesia Errors: Improper dosing, failure to monitor vital signs, or inadequate pre-operative assessment can result in brain damage, cardiac arrest, or death during surgery.

• Inadequate Pre-Operative Planning: Failing to review medical history, order necessary imaging studies, or properly prepare for known complications violates the standard of care for surgical planning.

• Post-Operative Neglect: If medical staff fails to monitor patients for infection, bleeding, or other complications after surgery, minor issues can become life-threatening.

• Surgical Technique Errors: Accidental damage to organs, blood vessels, or nerves due to improper surgical technique or lack of skill represents a clear departure from accepted medical standards.

Our firm represents surgical error victims at major federal medical facilities throughout Nevada, where complex procedures and high patient volumes can sometimes lead to preventable mistakes.

VA Southern Nevada Healthcare System (Las Vegas) - This major medical center performs thousands of surgical procedures annually, and the high volume can sometimes contribute to communication breakdowns and procedural errors.

Mike O'Callaghan Federal Medical Center (Nellis Air Force Base) - Serving active duty personnel and their families, this military treatment facility handles both routine and emergency surgical cases where errors in judgment or technique can occur.

Naval Medical Research Unit (Reno) - While primarily a research facility, medical procedures performed here must still meet the same standards of care as any other federal medical facility.

View all Nevada VA & Military Facilities

• Unexpected complications that were not discussed as normal risks before surgery
• Surgery performed on the wrong body part or surgical site
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body
• Severe infections that develop after surgery due to unsanitary conditions or poor post-operative care
• Nerve damage or paralysis that was not explained as a potential risk of your specific procedure
• Need for additional emergency surgeries to correct problems from the original operation
• Unexplained pain, bleeding, or other symptoms that medical staff dismiss or fail to investigate properly

Economic Damages

Nevada surgical error victims can recover compensation for financial losses such as: corrective surgeries ($50,000-$200,000+), lost wages, disability-related income loss, long-term rehabilitation costs, medical equipment, home modifications, and ongoing treatment expenses.

Non-Economic Damages

Nevada law also allows recovery for intangible losses such as physical pain and suffering from the error and subsequent corrective procedures, emotional distress and psychological trauma from the medical negligence, loss of enjoyment of life and inability to participate in activities you previously enjoyed, disfigurement or scarring resulting from the surgical error, and impact on family relationships and quality of life.

Under Nevada law (NRS 41A.035), medical malpractice cases against healthcare providers are subject to damage caps, but these state law limitations do not directly apply to Federal Tort Claims Act cases filed in federal court. However, federal courts apply Nevada substantive law to determine negligence standards and may consider Nevada's approach to damages when evaluating FTCA claims. Unlike state court cases, FTCA claims explicitly prohibit punitive damages under federal law (28 U.S.C. § 2674), regardless of Nevada state law provisions.

Statute of Limitations: The Federal Tort Claims Act imposes a strict two-year statute of limitations for filing administrative claims against the government (28 U.S.C. § 2401). This deadline runs from the date the claim accrues, not from when you discover the injury. Nevada's discovery rule, which applies to state medical malpractice cases, does not extend the FTCA deadline for claims against federal facilities.

Expert Witness Requirements: Nevada requires medical malpractice plaintiffs to provide expert witness testimony establishing the standard of care and how it was breached (NRS 41A.100). The Ninth Circuit Court of Appeals has held that this Nevada requirement applies to FTCA cases filed in federal court, meaning surgical error claims must be supported by qualified medical experts who can testify about proper surgical procedures and how the defendant's conduct fell below accepted standards.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have exactly two years from the date of the surgical error to file an administrative claim with the government. This deadline is strictly enforced and cannot be extended, even if you didn't immediately discover the error.

Nevada FTCA cases allow recovery of both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). However, punitive damages are prohibited under federal law, and state damage caps may influence but do not directly limit federal court awards.

While Nevada imposes caps on medical malpractice damages in state court (NRS 41A.035), these caps do not directly apply to FTCA cases in federal court. However, federal judges may consider Nevada's approach to damages when evaluating reasonable compensation for surgical error victims.

You cannot sue individual military doctors personally due to the Feres Doctrine and federal immunity laws. However, you can file an FTCA claim against the United States government for negligent acts by federal employees, including military medical personnel at Nevada facilities.

Yes, Nevada law requires expert witness testimony in medical malpractice cases (NRS 41A.100), and federal courts apply this requirement to FTCA surgical error claims. The expert must be qualified to testify about the specific surgical procedures involved and the applicable standards of care.

FTCA cases typically take 18-36 months to resolve. You must first file an administrative claim and wait up to six months for the government's response. If denied, you then have six months to file suit in federal court, where litigation can take an additional 12-24 months.

Emergency situations don't eliminate the duty of care, but they may affect the standard applied. Medical professionals must still follow proper protocols for patient identification, surgical counts, and basic safety procedures even in urgent situations.

Yes, surviving family members can file wrongful death claims under the FTCA when surgical errors result in death. Nevada's wrongful death statute (NRS 41.085) governs who can file and what damages are recoverable, even in federal court cases.

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

• Nevada FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Nevada 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 Nevada, 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 Nevada 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 Nevada Surgical Errors victims. Our Nevada 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 Nevada 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.

Nevada VA Malpractice Information

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

Other Nevada Case Types We Handle

• Nevada Emergency Room Errors Cases
• Nevada Brain Injury Cases
• Nevada 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 suffered from a surgical error at a VA facility in Nevada, 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 causes injury, but you must follow strict procedural requirements and deadlines.

You have two years from the date of the surgical error to file an administrative claim with the VA using Standard Form 95. This deadline is absolute - missing it means losing your right to pursue compensation. Once you file 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 understand both the legal complexities of FTCA claims and the medical standards of care that should have been followed during your procedure. They can quickly identify deviations from accepted surgical protocols and effectively communicate these issues to the court. This dual expertise is particularly valuable when dealing with complex surgical procedures and their complications.

Through an FTCA claim, you may be entitled to recover various damages, including all related medical expenses (both past and future), lost wages and reduced earning capacity, and compensation for pain and suffering. For veterans dealing with surgical errors, this can include costs for corrective procedures, rehabilitation, medical devices, and ongoing care. Family members may also be entitled to compensation for loss of support and companionship.

If you or a family member has experienced a surgical error at a Nevada VA facility, don't wait to seek legal guidance. Many experienced FTCA attorneys offer free initial case evaluations to help you understand your rights and options. During this consultation, you can discuss the specifics of your case, learn about the strength of your claim, and get clear guidance on your next steps - all without any cost or obligation. Time is critical in these cases, so reaching out for a free evaluation as soon as possible can help protect your rights and maximize your chances of recovery.

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

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