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Military & VA Medical Malpractice

New Hampshire VA & Military Wrongful Death Malpractice Attorneys

Experienced attorneys helping military families recover maximum compensation for wrongful death at New Hampshire military hospitals.

$145M+
Recovered
25+
Years Experience
MD/JD
Doctor-Attorney
$0
Until We Win

When families entrust their loved ones to New Hampshire's VA medical centers and military hospitals, they expect life-saving care. Tragically, medical negligence at these federal facilities can result in preventable deaths, leaving families devastated and seeking answers about what went wrong.

Our founding attorney at the Archuleta Law Firm uses his experience as a licensed attorney and medical doctor to handle complex federal healthcare wrongful death cases. We've recovered over $145 million for clients nationwide who have suffered losses due to medical malpractice at VA and military hospitals. According to the VA Office of Inspector General, preventable deaths continue to occur at VA facilities due to delayed diagnoses, medication errors, and substandard care protocols.

If you lost a loved one due to medical negligence at a New Hampshire VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). Winning these federal claims requires expertise in medical standards and the unique federal procedures beyond standard civilian malpractice cases.

What Causes Wrongful Death at New Hampshire Military & VA Hospitals?

  • Delayed or Missed Diagnosis: If healthcare providers fail to quickly diagnose conditions like heart attacks, strokes, cancer, or sepsis, treatable conditions can become fatal. This constitutes malpractice when the delay falls below accepted medical standards and directly causes death.

  • Medication Errors: Fatal medication mistakes include wrong dosages, dangerous drug interactions, or administering medications to patients with known allergies. These errors violate basic safety rules and clearly depart from the standard of care.

  • Surgical Complications: Deaths during or after surgery can be prevented by avoiding anesthesia errors, operating on the wrong body parts, leaving instruments inside patients, or failing to monitor post-operative issues that need immediate care.

  • Emergency Room Negligence: Failure to properly triage patients, misreading vital signs, or discharging patients with serious conditions can result in wrongful death when emergency protocols are not followed according to established medical standards.

  • Failure to Monitor: Deaths can occur when medical staff fail to properly monitor patients' vital signs, respond to alarms, or recognize deteriorating conditions that require immediate medical intervention, especially in intensive care settings.

  • Inadequate Staffing: Dangerously low staffing levels can prevent patients from receiving timely care and monitoring, leading to preventable deaths.

New Hampshire Facilities Where We Handle Wrongful Death Cases

We represent families who have lost loved ones due to medical negligence at federal healthcare facilities throughout New Hampshire. Our experience includes cases at major VA medical centers and military treatment facilities where complex medical care is provided.

Major Federal Healthcare Facilities:

  • Manchester VA Medical Center (Manchester) - This regional medical center provides comprehensive healthcare services where wrongful death can occur due to complex medical and surgical procedures
  • White River Junction VA Medical Center (White River Junction, VT - serving NH veterans) - Multi-specialty facility where delayed diagnoses and treatment errors can prove fatal
  • Portsmouth Naval Shipyard Medical Facility (Portsmouth) - Military treatment facility serving active duty personnel where emergency and occupational medicine errors can result in wrongful death
  • New Hampshire National Guard Medical Units (Concord) - Military medical facilities where inadequate care during training or deployment preparation can lead to preventable deaths

View all New Hampshire VA & Military Facilities

Warning Signs: Is Your Wrongful Death Medical Malpractice?

  • Sudden, unexpected death after routine medical procedures or during hospital stays when your loved one was expected to recover
  • Multiple medical opinions suggesting the death could have been prevented with proper diagnosis, treatment, or monitoring
  • Delayed emergency response when your loved one experienced obvious symptoms of heart attack, stroke, or other medical emergencies
  • Medication-related death following new prescriptions, dosage changes, or when staff was aware of drug allergies or interactions
  • Post-surgical complications that were not properly monitored or treated, leading to infections, bleeding, or organ failure
  • Failure to follow up on abnormal test results, concerning symptoms, or recommended specialist consultations that could have prevented death
  • Communication breakdowns between medical staff that resulted in missed diagnoses, treatment delays, or failure to implement life-saving interventions

Damages Available in New Hampshire Wrongful Death Cases

Economic Damages

Under New Hampshire law (N.H. Rev. Stat. § 556.12), economic damages in wrongful death cases include funeral and burial expenses, outstanding medical expenses related to the death, and other directly quantifiable financial losses. In FTCA wrongful death cases, families may recover:

  • Lost future earnings based on the deceased's age, occupation, and earning capacity over their expected lifetime
  • Medical expenses incurred during the final illness or injury that led to death
  • Funeral and burial costs including cemetery plots, headstones, and memorial services
  • Loss of benefits including health insurance, pension contributions, and retirement benefits the deceased would have provided
  • Loss of household services such as childcare, home maintenance, and other domestic contributions the deceased provided

Non-Economic Damages

FTCA wrongful death cases may also include compensation for the emotional and relational impact of losing a family member:

  • Loss of companionship and the emotional support the deceased provided to family members
  • Loss of guidance and counsel particularly important when the deceased was a parent or spouse
  • Emotional distress suffered by surviving family members due to the traumatic loss
  • Loss of consortium for surviving spouses who have lost the intimate relationship with their partner

New Hampshire-Specific Considerations

Under New Hampshire law (N.H. Rev. Stat. § 556:19), wrongful death claims must be filed within three years from the date of death. However, FTCA claims against federal facilities are governed by federal law requiring filing within two years under 28 U.S.C. § 2401(b). The shorter federal deadline applies to all VA and military hospital wrongful death cases, making prompt legal action critical for preserving your family's rights.

Statute of Limitations

The Federal Tort Claims Act imposes a strict two-year statute of limitations from the date of death for wrongful death claims against VA and military facilities (28 U.S.C. § 2401(b)). This federal deadline is shorter than New Hampshire's three-year requirement for civilian wrongful death cases (N.H. Rev. Stat. § 556:19). The federal claim accrues at the date of death, not when the family discovers potential malpractice, making immediate legal consultation essential.

Expert Witness Requirements

New Hampshire medical malpractice cases typically require expert medical testimony to establish the standard of care and prove negligence. In FTCA wrongful death cases, medical experts must be qualified to testify about the specific medical standards applicable to federal healthcare facilities and demonstrate how the care provided fell below acceptable medical practices.

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

Frequently Asked Questions: New Hampshire Wrongful Death Cases

What is the statute of limitations for wrongful death claims against New Hampshire VA facilities?

FTCA wrongful death claims must be filed within two years from the date of death under federal law (28 U.S.C. § 2401(b)). This is shorter than New Hampshire's three-year limit for civilian cases and cannot be extended, making prompt legal action critical.

What damages can I recover in a New Hampshire wrongful death case against a military hospital?

Under New Hampshire law (N.H. Rev. Stat. § 556.12), you may recover economic damages including lost earnings, medical expenses, and funeral costs. FTCA cases may also include compensation for loss of companionship, guidance, and emotional distress suffered by surviving family members.

Do New Hampshire damage caps affect wrongful death cases against federal facilities?

New Hampshire does not impose statutory caps on wrongful death damages. Since FTCA cases are governed by federal law but use state damages rules, New Hampshire's lack of caps can allow for fuller compensation compared to states with restrictive damage limitations.

Can I sue a military doctor individually for wrongful death in New Hampshire?

No, you cannot sue individual military doctors or VA physicians personally. Under the FTCA, claims must be filed against the United States government. The Feres Doctrine may also limit certain claims by active duty service members, though recent changes allow some active duty wrongful death claims.

Do I need a New Hampshire medical expert for my wrongful death case?

Yes, expert medical testimony is typically required to prove the standard of care was violated and that negligence caused the death. The expert must be qualified in the relevant medical specialty and familiar with standards applicable to federal healthcare facilities.

How long does a New Hampshire wrongful death case take?

FTCA wrongful death cases typically take 18 months to 3 years to resolve. The process includes filing an administrative claim with the federal agency, waiting for their response, and potentially filing a federal lawsuit if the claim is denied or inadequately settled.

Who can file a wrongful death claim in New Hampshire?

Under New Hampshire law (N.H. Rev. Stat. § 556:19), the deceased's estate typically files the claim through an executor or administrator. Surviving spouses, children, and parents may be entitled to compensation based on their relationship to the deceased and financial dependency.

What makes FTCA wrongful death cases different from regular malpractice cases?

FTCA cases involve federal procedures, shorter time limits, and require filing administrative claims before lawsuits. They're filed against the U.S. government rather than individual doctors, and federal courts apply state law damages rules, creating a complex legal framework requiring specialized expertise.

Why Choose the Archuleta Law Firm for Your New Hampshire Wrongful Death Case?

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

  • 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 Wrongful Death takes on families. Our team is here to support you through every step of the legal process.

Free Case Evaluation: New Hampshire Wrongful Death Cases

If you or a loved one suffered preventable deaths due to medical negligence at VA and military hospitals 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 Wrongful Death victims. Our New Hampshire 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 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.

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Understanding Your FTCA Rights

If you've lost a loved one due to negligent medical care at a VA facility in New Hampshire, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you have the right to pursue a wrongful death claim against the federal government, but strict deadlines apply. You must file your administrative claim within two years from when you knew or should have known about the negligence that caused death. Once you file the administrative claim (Form SF-95), the agency has six months to respond before you can file a lawsuit in federal court.

For military families pursuing FTCA wrongful death claims, having an attorney who is also a medical doctor can significantly strengthen your case. A doctor-attorney can quickly identify medical negligence, understand complex medical records, and effectively communicate with expert witnesses. This dual expertise is particularly valuable when dealing with VA hospital cases, as they often involve complicated medical issues that require both legal and medical knowledge to properly evaluate and present.

Through an FTCA wrongful death 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), loss of companionship, and compensation for the pain and suffering your loved one experienced before death. In New Hampshire, surviving family members may also recover damages for mental anguish and the loss of guidance and counsel the deceased would have provided.

Don't navigate this complex process alone. Our team of doctor-attorneys offers free case evaluations to veterans and military families dealing with wrongful death claims. We'll review your medical records, explain your legal rights, and help determine if you have a viable claim - all at no cost to you. Time is critical in these cases, so it's important to get professional legal guidance as soon as possible. Contact us today to schedule your confidential consultation and learn how we can help protect your rights under the FTCA.

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

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Why Choose Our Firm

  • Doctor-Attorney on staff (MD/JD)
  • $145M+ recovered for clients
  • 25+ years of experience
  • No fee unless we win
  • Nationwide FTCA practice
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