New York VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and service members trust New York VA medical centers and military hospitals for competent, life-preserving treatment. Medical negligence during surgery, emergency care, or routine procedures can tragically cause catastrophic spinal cord injuries that permanently alter lives and devastate families.

The National Spinal Cord Injury Statistical Center reports 17,810 new spinal cord injuries each year in the United States; medical malpractice contributes to many of these cases. At the Archuleta Law Firm, our founding attorney brings medical and legal expertise to New York VA spinal cord injury cases, providing insight into the complex medical standards governing spinal procedures and treatments.

If negligence at a New York VA or military facility caused a spinal cord injury to you or a loved one, you have legal rights under the Federal Tort Claims Act (FTCA). These federal claims against the U.S. government birth injuries require specialized knowledge of both medical standards and federal law—expertise that can make the difference between a successful recovery and a denied claim.

• Surgical Errors During Spinal Procedures: Improper placement of surgical instruments, accidental damage to spinal cord tissue, or failure to maintain proper anatomical orientation during spine surgery can cause permanent paralysis and nerve damage.

• Delayed Diagnosis of Spinal Emergencies: When medical staff fail to recognize and promptly treat conditions like spinal cord compression, cauda equina syndrome, or epidural hematomas, the resulting delays can transform treatable conditions into permanent disabilities.

• Medication Errors Affecting Spinal Function: Incorrect dosages of anesthesia, improper administration of epidural injections, or failure to monitor patients for adverse reactions to spinal medications can cause irreversible spinal cord damage.

• Failure to Immobilize Trauma Patients: Failure to properly stabilize spinal injuries or prevent unnecessary patient movement can turn partial injuries into complete paralysis.

• Negligent Post-Operative Care: Failure to monitor for post-surgical complications, inadequate pain management leading to dangerous positioning, or delayed recognition of infection can result in secondary spinal cord injuries that were entirely preventable.

Our firm represents spinal cord injury victims at major VA medical centers and military facilities throughout New York, where complex spinal procedures and emergency trauma care create significant risks for medical negligence.

VA Medical Centers:

• James J. Peters VA Medical Center (Bronx): This major teaching hospital performs complex spinal surgeries and treats traumatic injuries, creating multiple opportunities for surgical errors and misdiagnosis.
• VA Western New York Healthcare System (Buffalo): Serving a large veteran population, this facility handles emergency spinal trauma cases where delayed treatment can cause permanent paralysis.
• Northport VA Medical Center (Long Island): This facility's surgical and emergency departments treat conditions requiring precise spinal care, where negligence can result in catastrophic outcomes.

Military Treatment Facilities:

• U.S. Military Academy at West Point Hospital: Treating cadets and military personnel for sports-related and training injuries that can involve spinal trauma requiring immediate, competent care.

View all New York VA & Military Facilities

• Sudden onset of paralysis or numbness during or immediately after a medical procedure that was not discussed as a known risk of the treatment
• Delayed emergency surgery despite presenting classic symptoms of spinal cord compression, such as severe back pain, weakness, or loss of bladder control
• Worsening neurological symptoms following spinal surgery, injections, or other procedures involving the spine
• Failure to order appropriate imaging (MRI, CT scans) when you presented with symptoms suggesting spinal cord injury or compression
• Inadequate post-operative monitoring that allowed complications like hematomas or infections to develop undetected
• Dismissal of serious symptoms such as severe back pain, numbness, or weakness as "normal" without proper evaluation
• Surgical complications that staff described as "unexpected" but that medical records suggest were foreseeable and preventable

Spinal cord injuries typically require extensive, lifelong medical care and support, making economic damages substantial in these cases:

• Lifetime medical care costs, including specialized spinal cord treatment, rehabilitation, and ongoing therapy that can exceed $1 million for complete injuries
• Home and vehicle modifications to accommodate wheelchairs, including ramps, accessible bathrooms, and adaptive driving equipment
• Assistive technology and equipment, such as wheelchairs, computer adaptive devices, and mobility aids that require regular replacement
• Lost earning capacity, calculated over the victim's entire working lifetime, often representing millions in lost income
• Attendant care costs for daily living assistance, which can range from $50,000 to $200,000 annually depending on the level of injury
• Ongoing rehabilitation expenses, including physical therapy, occupational therapy, and psychological counseling

• Pain and suffering from the initial injury, ongoing medical treatments, and chronic pain conditions
• Loss of enjoyment of life due to inability to participate in previously enjoyed activities, sports, and hobbies
• Emotional distress and mental anguish resulting from the dramatic life changes and adjustment challenges
• Loss of consortium affecting relationships with spouses and family members
• Disability and disfigurement compensation for the permanent physical limitations and changes

Under the Federal Tort Claims Act (28 U.S.C. § 2674), damages in New York federal facilities are determined by New York State law. New York does not impose damage caps on medical malpractice cases, allowing full recovery for both economic and non-economic losses. However, New York requires that pain and suffering awards be "reasonable" and supported by evidence, with courts having authority to reduce excessive awards. Since FTCA claims are tried without juries, federal judges determine damage amounts based on New York precedents and statutory guidelines.

Statute of Limitations

The Federal Tort Claims Act (28 U.S.C. § 2401) requires that administrative claims be filed within two years of the date the injury occurred or was discovered. New York's discovery rule may extend this deadline in cases where the full extent of spinal cord damage was not immediately apparent, but federal courts apply this extension conservatively in FTCA cases.

Expert Witness Requirements

Under New York Civil Practice Law and Rules (N.Y. C.P.L.R. § 3012-a), medical malpractice cases require a certificate of merit from a qualified medical expert. For spinal cord injury cases, this typically requires testimony from neurologists, orthopedic surgeons, or neurosurgeons who can establish the applicable standard of care and explain how the defendant's conduct fell below that standard.

Administrative Filing Process

Before filing a lawsuit, the FTCA requires submitting Standard Form 95 to the appropriate federal agency. The government has six months to investigate and respond to your claim.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date of injury or discovery to file an administrative claim. For spinal cord injuries, this deadline may be extended if the full extent of neurological damage was not immediately apparent, but you should consult with an attorney promptly to protect your rights.

New York law allows recovery of both economic damages (medical expenses, lost wages, lifetime care costs) and non-economic damages (pain and suffering, loss of enjoyment of life) without statutory caps. Spinal cord injury cases often result in substantial awards due to the lifelong nature of care required and significant impact on quality of life.

While your case is filed under federal law (FTCA), damages are calculated according to New York State law. This means New York's lack of damage caps and its standards for pain and suffering awards will apply to determine your compensation, which is generally favorable for serious injury cases.

No, under the FTCA, your claim must be filed against the United States government, not individual healthcare providers. The federal government assumes liability for the negligent acts of its employees, including military doctors and VA physicians, when they are acting within the scope of their employment.

Yes, New York requires a certificate of merit from a qualified medical expert in malpractice cases. For spinal cord injuries, this typically requires a neurologist, neurosurgeon, or orthopedic surgeon who can testify about the standard of care and how the defendant's treatment fell below acceptable medical practices.

FTCA cases generally take 18 months to 3 years to resolve. The process begins with a 6-month administrative review period, followed by federal court litigation if the claim is denied. Spinal cord injury cases often take longer due to their complexity and the need to fully document the extent of lifelong damages.

The FTCA's two-year statute of limitations may be extended under the discovery rule if you could not reasonably have known that your spinal cord injury was caused by medical negligence. However, federal courts apply this rule strictly, making it crucial to consult with an attorney as soon as you suspect a connection between your treatment and injury.

Yes, emergency room negligence can form the basis of an FTCA claim. However, these cases require proving that the medical staff's actions fell below the standard of care expected in emergency situations, which accounts for the urgent nature of the treatment while still requiring competent medical decision-making.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a New York 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 York FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving New York 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 York, 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 York 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 York Spinal Cord Injury victims. Our New York 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 York 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 York VA Malpractice Information

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

Other New York Case Types We Handle

• New York Surgical Errors Cases
• New York Emergency Room Errors Cases
• New York 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 medical care at a VA facility in New York, 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 federal facility causes serious harm, but you must act within strict timeframes.

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 the first required step - you cannot file a lawsuit until you've gone through this administrative process. Once you submit your claim, the agency has six months to respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your case. These complex injuries require deep medical knowledge to prove both negligence and causation. A doctor-attorney can better understand your medical records, identify deviations from the standard of care, and effectively communicate with your treating physicians. They can also accurately project your future medical needs and expenses, which is crucial for securing fair compensation.

Under the FTCA, you can recover damages for past and future medical expenses, lost wages and earning capacity, and pain and suffering. For spinal cord injuries, this often includes costs for ongoing care, medical equipment, home modifications, rehabilitation services, and personal assistance. New York law allows compensation for both economic and non-economic damages, though punitive damages are not available under the FTCA.

Don't wait to explore your legal options. Most experienced FTCA attorneys offer free case evaluations to help you understand your rights and the strength of your claim. These consultations are confidential and come with no obligation. Given the complexity of FTCA claims and the severe impact of spinal cord injuries, it's crucial to work with attorneys who specifically handle both VA medical malpractice and spinal cord injury cases. Contact a qualified attorney today to protect your rights and ensure you receive the compensation you deserve for your service-related injury.

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

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