New Jersey VA & Military Wrongful Death Malpractice Attorneys

Losing a loved one to medical negligence at New Jersey's VA medical centers and military hospitals devastates families. Military families and veterans expect a standard of care from federal healthcare facilities; these preventable deaths represent failures of that standard.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor, bringing legal expertise and medical knowledge, which provides unparalleled insight into wrongful death cases involving medical malpractice. This combination allows us to identify medical standard violations and build strong cases for families seeking justice. Having recovered over $145 million for clients in Federal Tort Claims Act cases, we understand the complexities of holding the federal government accountable for medical negligence.

If you lost a family member due to suspected medical malpractice at a New Jersey VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand these rights and New Jersey's legal requirements to pursue the compensation your family deserves.

• Failure to Diagnose Critical Conditions: When physicians miss or delay diagnosing heart attacks, strokes, sepsis, or cancer, patients can die from conditions that were treatable if caught in time. This represents a clear violation of the medical standard of care that requires timely and accurate diagnosis.

• Medication Errors and Drug Interactions: Administering the wrong medication, incorrect dosages, or failing to check for dangerous drug interactions can result in fatal reactions. These errors often stem from inadequate communication between medical staff or failure to review patient medical histories.

• Surgical Complications and Errors: Preventable deaths during or after surgery can result from anesthesia mistakes, operating on wrong body parts, leaving surgical instruments inside patients, or failing to properly monitor patients post-operatively.

• Emergency Room Negligence: Failure to properly triage patients, delayed treatment of emergency conditions, or premature discharge can lead to preventable deaths, particularly when staff fail to recognize warning signs of serious medical emergencies.

• Hospital-Acquired Infections: Deaths from preventable infections like MRSA, C. diff, or sepsis often result from inadequate sanitation protocols, improper wound care, or failure to implement infection control measures.

• Inadequate Monitoring and Follow-up: Failing to properly monitor patients' vital signs, respond to deteriorating conditions, or provide appropriate follow-up care can result in preventable deaths from complications that should have been caught and treated.

We represent families in wrongful death cases throughout New Jersey's federal medical facilities, where complex medical procedures and high patient volumes can sometimes lead to preventable deaths due to medical negligence.

• East Orange VA Medical Center (East Orange): This major medical center provides comprehensive healthcare services where wrongful death can occur due to misdiagnosis, surgical errors, or inadequate emergency care.

• Lyons VA Medical Center (Lyons): Specializing in extended care and rehabilitation services, wrongful deaths here often involve medication errors or failure to monitor deteriorating patients.

• Joint Base McGuire-Dix-Lakehurst Medical Facilities (Various locations): These military treatment facilities serve active duty personnel and their families, where emergency care failures or delayed treatment can result in preventable deaths.

• VA Community Based Outpatient Clinics (Multiple locations): While providing routine care, failure to refer patients for emergency treatment or missed diagnoses at these facilities can lead to wrongful death.

View all New Jersey VA & Military Facilities

• Sudden deterioration after what should have been routine medical care or surgery at a VA or military facility
• Death following missed or delayed diagnosis despite clear symptoms that warranted immediate medical attention
• Fatal complications from medication errors, wrong dosages, or dangerous drug interactions that should have been prevented
• Death occurring after emergency room staff failed to properly evaluate symptoms or discharged patient too early
• Preventable death from hospital-acquired infections due to inadequate sanitation or infection control protocols
• Fatal surgical complications involving wrong-site surgery, anesthesia errors, or failure to monitor during recovery
• Death following failure of medical staff to respond appropriately to deteriorating vital signs or emergency situations

• Lost lifetime earnings and benefits: Calculation of what the deceased would have earned throughout their expected working years, including salary increases and retirement benefits
• Medical expenses: All costs related to the final illness or injury, including emergency treatment, hospitalization, and end-of-life care
• Funeral and burial costs: Reasonable expenses for funeral services, burial or cremation, and memorial services
• Loss of household services: The economic value of services the deceased provided to the family, such as childcare, home maintenance, and financial management
• Loss of inheritance: The amount the beneficiaries would have expected to inherit had the death not occurred prematurely

• Pain and suffering: Compensation for the physical pain and emotional distress the deceased experienced before death
• Loss of companionship and consortium: The emotional support, guidance, and relationship the deceased provided to family members
• Loss of parental guidance: For children who lost a parent, compensation for the loss of guidance, care, and emotional support
• Emotional distress of survivors: The psychological impact and grief experienced by surviving family members

Under the New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1 through 2A:31-6), wrongful death claims must be filed within two years of the date of death. New Jersey does not impose damage caps on wrongful death awards, allowing juries to award full compensation based on the evidence presented. However, FTCA claims against the federal government are subject to federal law, which may limit punitive damages. Our attorneys carefully navigate both state wrongful death law and federal FTCA procedures to maximize your family's compensation.

Statute of Limitations The Federal Tort Claims Act requires that administrative claims be filed within two years of the incident (28 U.S.C. § 2675). New Jersey's discovery rule may apply in cases where the malpractice was not immediately apparent, potentially extending this deadline to when the negligence was discovered or reasonably should have been discovered. Under New Jersey law (N.J.S.A. 2A:31-3), wrongful death actions must generally be commenced within two years of the death.

Expert Witness Requirements New Jersey requires an affidavit of merit in medical malpractice cases, which must be filed within 60 days of the defendant's answer. This affidavit must be signed by a qualified medical expert who reviewed the case and believes there is reasonable probability that the care fell below acceptable standards. For wrongful death cases involving complex medical issues, expert testimony is typically essential to establish how the standard of care was violated and how that violation caused the death.

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. § 2675), you have two years from the date of the incident to file an administrative claim against the federal government. New Jersey's wrongful death statute (N.J.S.A. 2A:31-3) also provides a two-year limitation period from the date of death, though discovery rules may extend this in cases where malpractice wasn't immediately apparent.

New Jersey allows recovery of economic damages including lost earnings, medical expenses, and funeral costs, as well as non-economic damages for pain and suffering and loss of companionship. Unlike some states, New Jersey does not cap wrongful death damages, though federal FTCA claims may have different limitations on certain types of damages.

New Jersey does not impose damage caps on wrongful death awards, allowing full compensation based on the evidence. However, since VA and military hospital cases fall under federal jurisdiction through the FTCA, federal limitations may apply, particularly regarding punitive damages which are generally not available against the federal government.

No, under the Federal Tort Claims Act, you cannot sue individual military doctors or VA physicians personally. The FTCA provides the exclusive remedy against the federal government for medical malpractice by federal employees acting within the scope of their employment, making the United States the proper defendant.

Yes, New Jersey requires an affidavit of merit from a qualified medical expert in malpractice cases. The expert must review the case and attest that there is reasonable probability the care fell below acceptable standards. Given the complexity of wrongful death cases, expert testimony is typically crucial for establishing causation.

FTCA wrongful death cases typically take 18 months to several years to resolve. The process begins with a six-month administrative claim period, followed by potential federal court litigation if the claim is denied. Complex medical issues and the need for extensive expert testimony can extend the timeline.

Under New Jersey law (N.J.S.A. 2A:31-1), wrongful death claims must be filed by the personal representative of the deceased's estate. Beneficiaries typically include surviving spouses, children, and parents, with the court determining distribution of any recovery based on the relationship to the deceased and their dependency.

VA and military cases fall under federal jurisdiction through the FTCA, requiring different procedures than state court civilian cases. These cases involve federal sovereign immunity waivers, different damage limitations, and specialized knowledge of military and VA medical protocols and standards of care.

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

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 New Jersey dealing with the tragic 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 strict deadlines and procedures must be followed.

You must file your FTCA claim within two years of when you knew or should have known about the negligence that caused the death. This is done by submitting Standard Form 95 to the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim. Only after this administrative process can you file a lawsuit in federal court if the claim is denied or inadequately resolved.

Having an attorney who is also a medical doctor can be invaluable for wrongful death FTCA claims. These cases require proving that VA healthcare providers failed to meet the accepted standard of care, directly resulting in death. A doctor-attorney can quickly identify deviations from proper medical protocols, understand complex medical records, and effectively communicate with expert witnesses. This dual expertise helps build the strongest possible case while navigating both the legal and medical aspects of your claim.

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, loss of the deceased's expected income and benefits, loss of companionship and support, and compensation for the pain and suffering experienced before death. New Jersey law allows certain family members, including spouses, children, and dependent parents, to recover these damages.

If you've lost a loved one due to possible VA medical negligence, you shouldn't have to navigate this complex process alone. Many experienced FTCA attorneys offer free initial consultations to evaluate your case and explain your options. During this consultation, they can assess whether you have a viable claim and help you understand the next steps. Time is critical in these cases, so it's important to seek legal guidance as soon as possible to protect your rights and ensure all deadlines are met.

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 Spinal Cord Injury Cases
• New Jersey Misdiagnosis Cases
• New Jersey Medication Errors Cases