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Archuleta Law Firm
Military & VA Medical Malpractice

New York VA & Military Surgical Errors Malpractice Attorneys

Experienced attorneys helping military families recover maximum compensation for surgical errors at New York military hospitals.

$145M+
Recovered
25+
Years Experience
MD/JD
Doctor-Attorney
$0
Until We Win
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If you suffered surgical errors at a New York VA or military hospital, you may be entitled to compensation under the Federal Tort Claims Act (28 U.S.C. § 2401(b)). The appropriate agency must receive an administrative claim within two years after it accrues, generally when the injury and its cause were known or reasonably should have been known. SF-95 or other qualifying written notice must include a sum certain (28 C.F.R. § 14.2). Missing a deadline can bar a claim; seek advice promptly about your circumstances. Our doctor-attorney team handles every step of the FTCA process at no cost unless we win.

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What to expect from a review

Care settingNew York

The care setting is part of the picture. The provider, the circumstances, and the records also matter.

The review pathway
Editorial illustration connecting an abstract care facility and location marker with medical records.
An illustrated guide to the questions behind a review.

Explore the questions

The care settingWhere was the care provided?

The location of care and the provider’s employment status help identify which rules may apply. Care at a federal facility does not by itself establish a claim.

The sequenceWhat do the records show?

Treatment notes, tests, referrals, and follow-up records help connect the sequence of care and the questions that need review.

The legal routeWhich legal route may apply?

An FTCA lawsuit generally names the United States as the defendant. Active-duty servicemembers may have separate remedies; eligibility depends on the facts and applicable rules.

A poor outcome alone does not establish medical malpractice.

Veterans and military families expect safe surgeries at VA medical centers. But errors at these facilities can cause severe harm.

The Archuleta Law Firm's founder is both a lawyer and doctor. He knows when surgical outcomes cross the line into malpractice. Our team has won over $145 million for clients nationwide, including birth injury cases.

If you experienced a surgical error at a NY VA facility, you have rights under the Federal Tort Claims Act. Special rules apply to federal medical cases. These rules differ from state lawsuits.

Our lawyers know both federal tort law and NY medical standards. We can guide you through this complex process.

What Causes Surgical Errors at New York Military & VA Hospitals?

New York VA Malpractice: Deadlines & Damage Caps

Attorney-verified answers with statutory citations

What is the deadline to sue a VA hospital in New York for medical malpractice?

An FTCA administrative claim must be received by the appropriate agency within two years after the claim accrues (28 U.S.C. § 2401(b)), generally when the injury and its cause were known or reasonably should have been known. SF-95 or other qualifying written notice must include a sum certain (28 C.F.R. § 14.2). A final written denial generally starts a six-month lawsuit deadline from mailing. Agency silence alone does not: after six months without a decision, you may elect to file suit under § 2675(a).

Is there a damage cap for VA medical malpractice in New York?

New York has no medical-malpractice damage cap in effect. No cap. No state damages cap binds FTCA award.

New York state law verified by Dr. Michael Archuleta, MD, JD · June 2026. General information, not legal advice; laws change and exceptions apply. Contacting the firm does not create an attorney-client relationship. Attorney advertising.

Key FTCA Statutes

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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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