New Jersey VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and active-duty service members trust New Jersey's VA medical centers and military hospitals for competent, life-saving treatment. Tragically, medical negligence during surgery, emergency care, or routine procedures can cause catastrophic spinal cord injuries, forever changing a patient's life and their family's future.

Spinal cord injuries are devastating consequences of medical malpractice, often resulting in partial or complete paralysis, loss of sensation, and the need for lifelong care. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor (MD/JD), bringing unique legal expertise and medical training, providing unparalleled insight into the complex medical standards of care that govern spinal injury cases.

Veterans and service members can seek compensation under the Federal Tort Claims Act (FTCA) when medical negligence at federal facilities causes spinal cord injuries. However, FTCA claims follow strict procedural requirements and deadlines that differ significantly from civilian medical malpractice cases, making experienced legal representation essential.

• Surgical Errors During Spinal Procedures: Improper technique during spinal fusion, laminectomy, or disc surgery can damage the spinal cord or surrounding nerves. When surgeons fail to follow established protocols or lack adequate visualization, they may inadvertently sever or compress critical spinal structures, resulting in permanent paralysis.

• Failure to Diagnose Spinal Cord Compression: Emergency room physicians must recognize signs of spinal cord compression from trauma, tumors, or infections to prevent irreversible damage. Delayed diagnosis of conditions like cauda equina syndrome constitutes malpractice when symptoms are present but ignored.

• Medication Errors Affecting Spinal Function: Incorrect dosing or administration of medications that affect neurological function can cause spinal cord damage. This includes overdoses of anesthetic agents during spinal procedures or failure to monitor patients for adverse reactions to medications that impact nerve function.

• Improper Patient Positioning During Surgery: Failure to properly position patients during lengthy surgical procedures can cause compression injuries to the spinal cord. Medical staff must follow strict positioning protocols to prevent nerve damage during operations unrelated to the spine.

• Negligent Post-Operative Monitoring: After spinal surgery, patients require careful monitoring for signs of complications like hematomas or infections that can compress the spinal cord. When medical staff fail to recognize and respond to these emergencies promptly, permanent spinal cord damage can result.

• Inadequate Trauma Response: Emergency physicians who fail to properly immobilize trauma patients or miss spinal fractures on imaging studies can allow unstable spinal injuries to worsen, converting potentially recoverable injuries into permanent spinal cord damage.

Our firm represents spinal cord injury victims at major federal medical facilities throughout New Jersey where complex surgical procedures and emergency care create the highest risk for devastating medical errors.

• Lyons VA Medical Center, Lyons: This comprehensive VA medical center provides surgical services and emergency care where spinal procedures and trauma response can lead to catastrophic injuries when proper protocols aren't followed.

• East Orange VA Medical Center, East Orange: Serving northern New Jersey veterans, this facility's surgical and emergency departments handle complex cases where spinal cord injuries can result from surgical errors or delayed diagnosis.

• Joint Base McGuire-Dix-Lakehurst Medical Facilities: Military treatment facilities at this joint base provide care to active-duty personnel and their families, including surgical procedures and emergency services where spinal injuries may occur.

• VA New Jersey Health Care System Outpatient Clinics: While primarily outpatient facilities, these locations perform procedures and provide care that can result in spinal injuries when medical staff fail to meet established standards of care.

View all New Jersey VA & Military Facilities

• Sudden onset of paralysis or loss of sensation immediately following a medical procedure or surgery
• Healthcare providers seemed surprised by your condition or offered conflicting explanations for what went wrong
• Medical staff delayed ordering necessary imaging studies (MRI, CT scans) despite clear neurological symptoms
• You experienced complications during spinal surgery that were not discussed as reasonable risks beforehand
• Emergency room staff failed to immobilize your spine after trauma or dismissed your complaints of back pain and neurological symptoms
• Post-operative care was inadequate, with nursing staff failing to monitor for signs of spinal cord compression or infection
• Your medical records contain gaps, alterations, or inconsistencies regarding the care you received
• Multiple healthcare providers were involved in your care but failed to communicate critical information about your spinal condition

Economic Damages

Spinal cord injury victims can recover substantial economic damages reflecting the lifetime costs of their condition. These include immediate and ongoing medical expenses such as emergency surgery, intensive care unit stays, and specialized rehabilitation programs. Victims can also recover costs for home modifications including wheelchair ramps, accessible bathrooms, and specialized equipment like hospital beds and ventilators. Lost wages and diminished earning capacity represent significant damages, as many spinal cord injury victims cannot return to their previous employment. Additionally, the costs of lifelong personal care assistance, physical therapy, and specialized transportation needs are recoverable economic damages.

Non-Economic Damages

Spinal cord injury victims suffer profound non-economic damages, including severe physical pain and emotional suffering due to permanent disability. Loss of enjoyment of life damages compensate for the inability to participate in activities, hobbies, and experiences that previously brought meaning and joy. Emotional distress damages address the psychological impact of sudden disability, including depression, anxiety, and adjustment disorders commonly associated with spinal cord injuries. The loss of consortium damages compensate spouses for the impact on their marital relationship, including loss of companionship and intimacy.

New Jersey-Specific Considerations

Under the Federal Tort Claims Act (28 U.S.C. § 2674), damages are determined according to the law of the state where the negligent act occurred. New Jersey's Tort Claims Act establishes specific limitations on pain and suffering damages that may apply to federal claims. Under N.J.S.A. 59:9-2, pain and suffering damages require proof of permanent loss of bodily function, permanent disfigurement, or dismemberment, with medical expenses exceeding $3,600. However, spinal cord injuries typically meet these thresholds easily, as they involve permanent loss of bodily function and substantial medical costs, making full damages available under New Jersey law.

### Statute of Limitations

Federal Tort Claims Act cases must be filed within strict time limits that differ from civilian medical malpractice claims. Under 28 U.S.C. § 2401(b), you have two years from the date of injury or discovery to file an administrative claim with the appropriate federal agency. After the agency denies your claim, you have six months to file a lawsuit in federal court. New Jersey's discovery rule may apply in cases where the full extent of spinal cord damage wasn't immediately apparent, potentially extending the filing deadline from when you reasonably should have discovered the injury and its connection to medical negligence.

Expert Witness Requirements

New Jersey requires qualified medical experts to establish the standard of care in spinal cord injury cases. Under New Jersey Court Rule 4:5-4, medical expert witnesses must be licensed physicians with relevant training and experience in the specific area of medicine involved in your case. For spinal cord injuries, this typically requires experts in neurosurgery, orthopedic spine surgery, or emergency medicine, depending on the circumstances of your case. These experts must demonstrate familiarity with the standard of care applicable to federal medical facilities and be able to testify that the treatment you received fell below acceptable medical standards.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date of injury to file an administrative claim with the VA. After receiving a denial, you have six months to file a federal lawsuit. New Jersey's discovery rule may extend this deadline if you didn't immediately realize the full extent of your spinal cord injury or its connection to medical negligence.

New Jersey law allows recovery of both economic and non-economic damages for spinal cord injuries. Economic damages include medical expenses, lost wages, home modifications, and lifetime care costs. Non-economic damages cover pain and suffering, loss of enjoyment of life, and emotional distress. Under N.J.S.A. 59:9-2, pain and suffering damages require permanent loss of bodily function and medical expenses exceeding $3,600—thresholds typically met in spinal cord injury cases.

New Jersey's Tort Claims Act damage limitations generally don't restrict recovery in federal FTCA cases involving spinal cord injuries. Because spinal cord injuries involve permanent loss of bodily function and substantial medical costs, they typically exceed the thresholds for pain and suffering damages under N.J.S.A. 59:9-2, allowing full recovery of both economic and non-economic damages.

No, you cannot sue individual military doctors or VA physicians directly. Under the Federal Tort Claims Act, your claim must be filed against the United States government. The Feres Doctrine may also limit claims by active-duty service members, though recent National Defense Authorization Act provisions have created some exceptions for certain medical malpractice cases.

Yes, New Jersey Court Rule 4:5-4 requires qualified medical experts to establish the standard of care in spinal cord injury cases. Your expert must be a licensed physician with relevant experience in neurosurgery, orthopedic spine surgery, or emergency medicine, depending on your case. They must understand the standards applicable to federal medical facilities and be able to testify that your care fell below acceptable medical standards.

FTCA cases typically take 2-4 years to resolve, beginning with the mandatory administrative claim process that can take 6-12 months. If the government denies your claim, federal court litigation may take an additional 1-3 years. Spinal cord injury cases often require extensive medical documentation and expert testimony, which can extend the timeline but is necessary to prove the full extent of your damages.

New Jersey's discovery rule may apply to extend the FTCA filing deadline if you didn't immediately realize you had suffered a spinal cord injury or that it was caused by medical negligence. The two-year deadline begins when you reasonably should have discovered both the injury and its connection to substandard medical care, not necessarily from the date of the original treatment.

Yes, spouses can recover loss of consortium damages for the impact of your spinal cord injury on your marital relationship. If you require lifelong care, family members who provide that care may also be entitled to compensation for their services. Additionally, if a spinal cord injury results in death, family members may have wrongful death claims under New Jersey law as applied through the FTCA.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a New Jersey 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 Jersey FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving New Jersey 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 Jersey, 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.

If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a New Jersey 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 Jersey Spinal Cord Injury victims. Our New Jersey 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 Jersey 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 Jersey VA Malpractice Information

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

Other New Jersey Case Types We Handle

• New Jersey Surgical Errors Cases
• New Jersey Emergency Room Errors Cases
• New Jersey 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

If you're a veteran or military family member dealing with a spinal cord injury from VA medical care in New Jersey, 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 leads to serious injuries, but you must follow strict timelines and procedures.

You have two years from the date of injury or when you reasonably should have discovered the injury to file an administrative claim using Standard Form 95. This is a mandatory first step - you cannot file a lawsuit until you've gone through this administrative process. Once you submit 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 is particularly valuable in spinal cord injury cases. These cases involve complex medical evidence and require deep understanding of both proper medical standards of care and the unique challenges of proving causation in VA settings. A doctor-attorney can better identify deviations from the standard of care, interpret medical records accurately, and effectively communicate with medical experts who may need to testify.

Through an FTCA claim, you may be able to recover several types of damages: past and future medical expenses, including specialized equipment and home modifications; lost wages and reduced earning capacity; pain and suffering; and loss of enjoyment of life. For veterans with spinal cord injuries, these damages often need to account for lifetime care needs and the significant impact on daily activities and quality of life.

Don't wait to explore your legal options. Many law firms specializing in veteran FTCA claims offer free initial consultations to evaluate your case. During this consultation, an experienced attorney can review your medical records, explain your rights, and help determine if you have a viable claim. Remember, these cases are complex and time-sensitive - getting professional legal guidance early can make a crucial difference in protecting your rights and securing the compensation you deserve for your injuries.

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

• New Jersey Surgical Errors Cases
• New Jersey Emergency Room Errors Cases
• New Jersey Brain Injury Cases
• New Jersey Misdiagnosis Cases
• New Jersey Medication Errors Cases
• New Jersey Wrongful Death Cases