Veterans and military personnel trust New Hampshire's VA and military facilities to provide competent, life-preserving treatment. Tragically, medical negligence during surgery, emergency care, or routine procedures can result in catastrophic spinal cord injuries that forever alter a patient's life and mobility.
Spinal cord injuries represent some of the most devastating consequences of medical malpractice, often resulting in partial or complete paralysis. Our founding attorney is both a licensed physician and lawyer, offering unique insight into spinal cord injury standards. With over $145 million recovered for our clients over 25+ years, we understand the intricate medical and legal issues that determine the success of these cases.
If negligence at a New Hampshire VA medical center or military hospital caused your or a loved one's spinal cord injury, the Federal Tort Claims Act (FTCA) protects your legal rights. FTCA claims follow strict deadlines and procedures, unlike civilian medical malpractice cases.
What Causes Spinal Cord Injury at New Hampshire Military & VA Hospitals?
-
Surgical Positioning Errors: Improper positioning during lengthy surgical procedures can compress the spinal cord or reduce blood flow to spinal tissues, causing ischemic injury and permanent paralysis that violates basic surgical safety protocols.
-
Anesthesia Complications: Failure to properly monitor blood pressure during anesthesia can lead to spinal cord hypoperfusion, while incorrect spinal or epidural injections can directly damage spinal cord tissue through needle trauma or toxic drug reactions.
-
Delayed Diagnosis of Spinal Emergencies: Medical staff must quickly recognize and treat spinal hematomas, abscesses, and cord compression to prevent permanent paralysis.
-
Post-Operative Monitoring Failures: Inadequate monitoring after spinal surgery can allow complications like bleeding, swelling, or infection to progress unchecked, compressing the spinal cord and causing irreversible neurological damage.
-
Medication Errors: Administering incorrect medications, particularly blood thinners or steroids, can lead to spinal bleeding or mask symptoms of spinal cord compression until permanent damage occurs.
-
Improper Spinal Immobilization: Failure to properly immobilize patients with suspected spinal injuries during transport or treatment can cause unstable fractures to shift, severing or compressing the spinal cord.
New Hampshire Facilities Where We Handle Spinal Cord Injury Cases
Our firm represents spinal cord injury victims at major VA and military medical facilities throughout New Hampshire where complex surgical procedures and emergency care create the highest risk for negligent spinal cord damage.
Manchester VA Medical Center - Manchester: This primary VA facility provides comprehensive surgical services and emergency care where spinal cord injuries can occur during complex procedures or trauma treatment.
Portsmouth Naval Shipyard Medical Department - Portsmouth: Military personnel at this naval facility may suffer spinal cord injuries during emergency medical treatment or surgical procedures.
New Hampshire National Guard Medical Units - Concord: Guard members receiving medical care at military treatment facilities face risks of spinal cord injury during emergency care or routine procedures.
Pease Air National Guard Base Medical Clinic - Portsmouth: Air National Guard personnel may experience spinal cord injuries due to negligent emergency treatment or surgical complications.
View all New Hampshire VA & Military Facilities
Warning Signs: Is Your Spinal Cord Injury Medical Malpractice?
- Sudden onset of paralysis or weakness immediately following a medical procedure, surgery, or injection that was not explained as a known risk
- Loss of sensation or motor function that developed hours or days after surgery when medical staff dismissed your complaints or failed to investigate
- Spinal cord injury that occurred during a "routine" procedure where proper precautions should have prevented neurological damage
- Medical records showing delayed recognition of spinal cord compression, bleeding, or infection despite clear warning symptoms
- Paralysis that resulted from improper patient positioning during lengthy surgical procedures
- Spinal cord damage following epidural, spinal tap, or other spinal injection procedures
- Development of paralysis after medical staff failed to properly immobilize a suspected spinal injury during emergency treatment
Damages Available in New Hampshire Spinal Cord Injury Cases
Economic Damages
Spinal cord injury cases typically involve substantial economic losses that continue throughout the victim's lifetime. These may include lifetime medical care costs ranging from $1-5 million depending on injury level, specialized wheelchair and mobility equipment expenses, home modification costs for accessibility, lost wages and diminished earning capacity, attendant care and personal assistance services, ongoing physical therapy and rehabilitation costs, and specialized transportation vehicle modifications.
Non-Economic Damages
The profound impact of spinal cord injuries extends far beyond financial losses. Victims can receive compensation for physical pain, suffering, loss of life's enjoyment, emotional distress (like depression and anxiety), loss of consortium, and lost independence.
New Hampshire-Specific Considerations
Under New Hampshire law (RSA 541-B:14), claims against government entities are subject to damage caps of $475,000 per plaintiff and $3,750,000 per occurrence. However, the interaction between these state caps and Federal Tort Claims Act cases remains complex, as FTCA claims are governed by federal law while incorporating state damage principles. New Hampshire law also prohibits punitive damages against government entities (RSA 541-B:14), focusing compensation on actual damages rather than punishment. The Federal Tort Claims Act (28 U.S.C. § 2674) requires that damages be determined according to state law, making New Hampshire's damage framework applicable to VA and military facility claims.
New Hampshire Legal Requirements for Spinal Cord Injury Claims
Statute of Limitations
The Federal Tort Claims Act imposes a strict 2-year deadline for filing administrative claims against the federal government (28 U.S.C. § 2401(b)), which controls over New Hampshire's 3-year statute of limitations for government entity claims (RSA 541-B:14). For spinal cord injuries, New Hampshire's discovery rule may apply when neurological damage develops gradually or is not immediately apparent, allowing the 2-year FTCA period to begin when the injury is discovered rather than when it occurred.
Expert Witness Requirements
Based on the available research, no verified primary source was found for specific New Hampshire expert witness requirements in medical malpractice cases. Spinal cord injury cases typically need medical experts to establish the standard of care, show how it was breached, and prove the negligence caused paralysis or neurological damage.
## For Complete Information About Your Legal Rights step-by-step filing instructions, see our guide: How to File a VA Medical Malpractice Claim in New Hampshire
Frequently Asked Questions: New Hampshire Spinal Cord Injury Cases
What is the statute of limitations for spinal cord injury claims in New Hampshire?
For FTCA claims against VA and military facilities, you must file an administrative claim within 2 years of the injury under federal law (28 U.S.C. § 2401(b)), regardless of New Hampshire's 3-year state deadline. The discovery rule may extend this period if the spinal cord injury was not immediately apparent.
What damages can I recover for a spinal cord injury in New Hampshire?
You may recover both economic damages (medical costs, lost wages, equipment needs) and non-economic damages (pain and suffering, loss of enjoyment of life). However, New Hampshire caps government entity claims at $475,000 per plaintiff and $3,750,000 per occurrence (RSA 541-B:14).
How do New Hampshire damage caps affect my spinal cord injury case?
New Hampshire's damage caps of $475,000 per plaintiff may significantly limit recovery in catastrophic spinal cord injury cases where lifetime costs often exceed $1 million. The interaction between state caps and federal FTCA claims creates complex legal issues requiring experienced representation.
Can I sue a military doctor for spinal cord injury in New Hampshire?
You cannot sue individual military doctors personally. Instead, you must file an FTCA claim against the United States government. The Feres Doctrine may bar claims by active duty personnel, though recent NDAA provisions have created limited exceptions for certain medical malpractice claims.
Do I need a New Hampshire medical expert for my spinal cord injury case?
While specific New Hampshire requirements are not verified in available sources, spinal cord injury cases typically require medical experts to establish standard of care violations. These experts must demonstrate how proper medical care could have prevented the neurological damage.
How long does a New Hampshire spinal cord injury case take?
FTCA cases require a mandatory 6-month administrative review period after filing your claim. If the government denies your claim, you have 6 months to file a federal lawsuit. Total case duration often ranges from 2-4 years depending on case complexity and government cooperation.
What makes spinal cord injury cases different from other medical malpractice claims?
Spinal cord injury cases require extensive medical documentation of neurological function, detailed life care planning for future needs, and complex damages calculations spanning decades. The catastrophic nature of these injuries often results in higher settlement values but also more vigorous government defense.
Can family members recover damages for my spinal cord injury?
Yes, spouses may recover damages for loss of consortium, and family members who provide care may recover compensation for their services. However, these damages are subject to New Hampshire's overall damage caps for government entity claims.
Why Choose the Archuleta Law Firm for Your New Hampshire Spinal Cord Injury Case?
When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a New Hampshire 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.
-
New Hampshire FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving New Hampshire 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 New Hampshire, 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.
Free Case Evaluation: New Hampshire Spinal Cord Injury Cases
If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a New Hampshire 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 New Hampshire Spinal Cord Injury victims. Our New Hampshire 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 New Hampshire 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.
New Hampshire VA Malpractice Information
- Military & VA Medical Malpractice in New Hampshire - Complete guide to filing claims in New Hampshire, including facility listings and legal requirements
Other New Hampshire Case Types We Handle
- New Hampshire Surgical Errors Cases
- New Hampshire Emergency Room Errors Cases
- New Hampshire 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
Understanding Your FTCA Rights
If you're a veteran or military family member dealing with a spinal cord injury in New Hampshire due to medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. Under the FTCA, you must file your claim within two years of when you knew or should have known about the injury and its cause. This is done by submitting Standard Form 95 to the Department of Veterans Affairs, after which the agency has six months to respond to your claim before you can file a lawsuit in federal court.
For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can better understand the complex medical aspects of spinal cord injuries, identify deviations from the standard of care, and effectively communicate with treating physicians. They can also better evaluate the long-term implications of your injury and ensure all future medical needs are accounted for in your claim.
Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. In New Hampshire, this can include specialized medical equipment, home modifications, rehabilitation services, and long-term care costs. You may also recover damages for loss of enjoyment of life and emotional distress, which are often significant in spinal cord injury cases.
Given the complexity of these cases and the strict deadlines involved, it's essential to have your case evaluated as soon as possible. Many experienced FTCA attorneys offer free initial consultations to veterans and their families. During this evaluation, they can assess the strength of your case, explain your legal options, and help you understand what documentation you'll need to support your claim. Don't wait to seek legal guidance - the sooner you begin the process, the better positioned you'll be to protect your rights and secure the compensation you deserve.
To learn more about your legal options and have your case reviewed by an experienced attorney at no cost, contact a qualified FTCA attorney who specializes in veterans' medical malpractice cases. Many firms have staff available 24/7 to take your call and begin the evaluation process immediately.
We handle various types of VA and military medical malpractice cases in New Hampshire: