Nevada VA & Military Wrongful Death Malpractice Attorneys

Families trust Nevada's VA medical centers and military hospitals to provide life-saving care, not cause preventable deaths through medical negligence. Tragically, medical errors at federal facilities can result in wrongful deaths that devastate families and leave them searching for answers about what went wrong.

Our founding attorney combines legal and medical expertise as both a licensed attorney and medical doctor, helping us understand medical standards violations and federal claims law. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act (FTCA) cases, we understand the devastating impact of losing a loved one to preventable medical errors.

If you lost a family member due to medical negligence at a Nevada VA or military facility, you have legal rights under the Federal Tort Claims Act. Understanding your rights and Nevada laws is crucial to securing justice and compensation for your family's loss.

• Failure to Diagnose Heart Attack or Stroke: Emergency room errors, like misinterpreting symptoms or failing to order tests, can cause deaths from treatable conditions. This represents a clear violation of emergency medicine standards of care.

• Medication Errors and Drug Interactions: Wrong medication, incorrect dosages, or missed drug interactions can cause fatal reactions, especially in elderly veterans.

• Surgical Complications and Post-Operative Negligence: Surgical errors, like operating on the wrong site or leaving instruments in patients, can cause death; so can inadequate monitoring that misses bleeding or infection.

• Delayed Treatment of Serious Conditions: When medical staff fail to recognize or respond appropriately to sepsis, pulmonary embolism, or other life-threatening conditions, delays in treatment can turn survivable medical emergencies into fatal outcomes.

• Inadequate Monitoring of Critical Patients: Failing to monitor vital signs, respond to alarms, or recognize decline in the ICU can result in preventable deaths.

• Emergency Room Triage Failures: Incorrectly assessing the severity of a patient's condition and providing inappropriate priority for treatment can delay critical care for life-threatening conditions, resulting in deaths that proper triage would have prevented.

Our firm represents families who have lost loved ones due to medical negligence at major Nevada federal medical facilities. These large medical centers handle complex cases where the risk of fatal medical errors is unfortunately higher due to the volume and complexity of care provided.

Major Nevada Federal Medical Facilities:

• VA Southern Nevada Healthcare System (Las Vegas) - This major medical center serves thousands of veterans and handles complex surgical procedures where monitoring failures can prove fatal.
• Mike O'Callaghan Federal Medical Center (Las Vegas) birth injuries at military hospitals - A federal prison medical facility where inadequate emergency response can result in preventable deaths.
• Nellis Air Force Base Medical Clinic (Las Vegas) - Military treatment facility where service members and their families receive care that can involve life-threatening complications if standards aren't met.
• Naval Air Station Fallon Medical Clinic (Fallon) - Military facility providing emergency and routine care where diagnostic failures can have fatal consequences.

View all Nevada VA & Military Facilities

• Sudden, unexpected death during routine medical procedure or surgery
• Death following misdiagnosis or delayed diagnosis of treatable condition
• Fatal reaction to medication that should have been contraindicated based on patient's medical history
• Death after medical staff ignored or failed to respond to obvious warning signs
• Fatal complications following surgery where post-operative monitoring was inadequate
• Death in emergency room after being told condition was not serious
• Preventable death due to equipment failure or lack of proper medical equipment

Economic Damages

You can recover economic losses in Nevada wrongful death cases, including future earnings based on your loved one's age, education, and career path. Medical and funeral expenses incurred due to the final injury or illness are recoverable, as are the value of services the deceased would have provided to the family, such as childcare or household maintenance. Additionally, families can recover lost benefits including health insurance, retirement contributions, and other employment benefits the deceased would have earned.

Non-Economic Damages

Nevada law permits recovery for the pain, suffering, and mental anguish experienced by surviving family members due to their loss. Loss of companionship, guidance, and emotional support that the deceased provided to spouses and children is compensable. The grief, sorrow, and emotional distress caused by the wrongful death can be included in damage calculations, along with loss of the deceased's care, comfort, and protection to surviving dependents.

Under Nevada Revised Statutes Chapter 41, wrongful death claims must be filed within two years of the death (NRS 11.190). However, for FTCA claims against federal facilities, the Federal Tort Claims Act's two-year statute of limitations applies, which may have different discovery rule applications. Nevada follows a modified comparative negligence rule under NRS 41.141, meaning damages may be reduced if the deceased contributed to their own death, but recovery is barred entirely if the deceased's fault exceeds 50%. Unlike some states, Nevada does not impose caps on wrongful death damages in most cases, though specific medical malpractice limitations may apply under NRS 41A.035.

Statute of Limitations The Federal Tort Claims Act requires wrongful death claims against VA and military facilities to be filed within two years of the date of death (28 U.S.C. § 2401). Nevada state law also provides a two-year statute of limitations for wrongful death claims under NRS 11.190. The discovery rule may apply in cases where the cause of death or medical negligence was not immediately apparent, but this requires careful legal analysis.

Expert Witness Requirements Nevada requires expert medical testimony to establish the standard of care and how it was breached in medical malpractice cases. For wrongful death cases involving complex medical issues, qualified medical experts must testify that the healthcare provider's actions fell below accepted medical standards and directly caused the death. This requirement makes having medical expertise on your legal team particularly valuable.

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 two years from the date of death to file a claim against a VA or military facility. This deadline is strictly enforced, and missing it typically bars your claim permanently.

Nevada allows recovery of both economic damages (lost earnings, medical expenses, funeral costs) and non-economic damages (pain and suffering, loss of companionship). Unlike some states, Nevada generally does not cap wrongful death damages, though specific medical malpractice limitations under NRS 41A.035 may apply.

Nevada's medical malpractice caps under NRS 41A.035 may interact with Federal Tort Claims Act cases in complex ways. Federal facilities cannot be held liable for punitive damages, but economic and non-economic damages may still be available under state law standards applied to federal claims.

No, under the Federal Tort Claims Act, you cannot sue individual military doctors or VA physicians personally. Your claim must be filed against the United States government, which assumes liability for the negligent acts of federal employees acting within their scope of employment.

Yes, Nevada requires expert medical testimony to prove medical malpractice in wrongful death cases. The expert must be qualified to testify about the relevant medical specialty and establish how the standard of care was breached, leading to the wrongful death.

FTCA cases typically take 18 months to several years to resolve. The government has six months to investigate your administrative claim before you can file a lawsuit. Complex wrongful death cases involving extensive medical records and multiple experts often require additional time for thorough preparation.

Under Nevada law (NRS 41.085), wrongful death claims can be filed by the surviving spouse, children, or parents of the deceased. If none of these relatives survive, other dependents or the personal representative of the estate may file the claim.

Federal cases require compliance with the Federal Tort Claims Act, including filing an administrative claim first, different immunity rules, and federal court jurisdiction. Additionally, punitive damages cannot be recovered against the federal government, and different procedural rules apply throughout the litigation process.

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

• 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 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 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 Wrongful Death victims. Our Nevada 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 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 Surgical Errors Cases
• Nevada Emergency Room Errors Cases
• Nevada 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 Nevada dealing with the devastating loss of a loved one due to medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to seek compensation from the federal government, but you must follow strict deadlines and procedures.

You have two years from the date of the incident (or from when you reasonably should have discovered the injury) to file an administrative claim using Standard Form 95. This initial claim must be filed with the appropriate federal agency - typically the Department of Veterans Affairs in VA medical negligence cases. The agency then has six months to respond to your claim. If they deny your claim or fail to respond within six months, you have six months from that date to file a federal lawsuit.

Having an attorney who is also a medical doctor can be invaluable in FTCA wrongful death cases. These specialized professionals can quickly identify medical negligence, understand complex medical records, and effectively communicate with VA medical experts. They can also help establish the standard of care that was breached and demonstrate how proper medical treatment could have prevented the death.

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, loss of future income and benefits, and loss of companionship. In Nevada, you may also be able to recover for your loved one's pain and suffering before death, as well as emotional distress suffered by immediate family members.

If you believe you have a valid FTCA wrongful death claim, it's essential to seek legal guidance as soon as possible. Many law firms specializing in veteran medical malpractice offer free initial case evaluations. During this consultation, an experienced attorney can review your case details, explain your legal options, and help you understand the strength of your claim. Don't let concern about legal fees prevent you from seeking justice - most firms handle FTCA cases on a contingency fee basis, meaning you only pay if they secure compensation for you.

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

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