New York VA & Military Wrongful Death Malpractice Attorneys

Medical negligence at New York's VA medical centers and military hospitals creates both personal tragedy and complex legal challenges for veterans and military families who lose loved ones. These preventable deaths represent not just personal losses, but violations of the trust placed in our nation's military healthcare system.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor, giving us unique insight into wrongful death cases and medical standards of care. With over 25 years of experience handling Federal Tort Claims Act (FTCA) cases and more than $145 million recovered, we understand the medical complexities that lead to preventable deaths in federal healthcare facilities.

If you lost a loved one due to medical negligence at a New York VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). To hold the federal government accountable for medical malpractice, understand your rights and New York's wrongful death laws.

• Failure to Diagnose Heart Attacks or Strokes: When medical staff dismiss chest pain as anxiety or attribute stroke symptoms to other conditions, delayed treatment can result in preventable death from cardiovascular events.

• Medication Errors and Drug Interactions: Prescribing incorrect dosages, failing to check for dangerous drug interactions, or administering medications to patients with known allergies can cause fatal reactions.

• Surgical Complications and Post-Operative Negligence: Errors during surgery, failure to monitor patients post-operatively, or inadequate response to surgical complications birth injuries at military hospitals can lead to sepsis, organ failure, and death.

• Misdiagnosis of Cancer: Failing to properly interpret diagnostic tests, delaying referrals to specialists, or dismissing concerning symptoms can result in late-stage cancer diagnoses where treatment is no longer effective.

• Emergency Room Negligence: Inadequate triage, failure to recognize life-threatening conditions, or delays in emergency treatment can turn survivable medical emergencies into fatal outcomes.

• Anesthesia Errors: Improper dosing, failure to monitor vital signs during surgery, or inadequate pre-operative assessment can result in brain damage, cardiac arrest, and death.

We represent families who lost loved ones at major VA medical centers and military treatment facilities across New York. These large medical facilities handle complex cases where systemic failures in care can have fatal consequences.

Major facilities where we handle wrongful death cases include:

• James J. Peters VA Medical Center (Bronx): This major VA medical center provides complex medical and surgical services where diagnostic delays and treatment errors can prove fatal.

• Syracuse VA Medical Center: Serving central New York veterans, this facility handles emergency care and specialized treatments where negligence can result in preventable deaths.

• Buffalo VA Medical Center: This comprehensive medical facility provides cardiac care, surgery, and emergency services where medical errors can have life-threatening consequences.

• Albany Stratton VA Medical Center: Providing specialized care to veterans across the Capital Region, where delays in treatment or misdiagnosis can prove fatal.

View all New York VA & Military Facilities

• Your loved one's condition was misdiagnosed or diagnosis was significantly delayed despite clear symptoms
• Medical staff dismissed or failed to respond appropriately to concerning symptoms or test results
• There were unexplained complications during surgery or medical procedures
• Your loved one received incorrect medications or dangerous drug combinations
• Emergency room staff failed to properly triage or treat life-threatening conditions
• Medical records show gaps in monitoring or documentation during critical periods
• Multiple medical professionals expressed concern about the quality of care provided
• The death occurred shortly after a medical procedure or change in treatment plan

Economic Damages

Under the Federal Tort Claims Act, families may recover substantial economic damages based on New York state law, including:

• Lost Future Earnings: Calculation of the deceased's expected lifetime income, including salary increases, benefits, and retirement contributions
• Medical Expenses: All medical bills incurred before death, including emergency treatment, hospital stays, and specialist consultations
• Funeral and Burial Costs: Complete funeral expenses, burial or cremation costs, and memorial services
• Loss of Financial Support: The monetary value of financial contributions the deceased would have provided to family members
• Loss of Benefits: Health insurance, pension benefits, and other employment benefits the family has lost
• Estate Administration Costs: Legal fees and costs associated with probating the estate

Non-Economic Damages

New York law also allows recovery for intangible losses, including:

• Loss of Companionship: The emotional support, guidance, and relationship the deceased provided to family members
• Loss of Consortium: The intimate relationship between spouses that was lost due to the death
• Pain and Suffering: Compensation for the deceased's pain and suffering before death, if conscious
• Loss of Parental Guidance: The guidance, care, and nurturing a parent would have provided to minor children
• Emotional Distress: The psychological impact of losing a loved one due to medical negligence

New York-Specific Considerations

Under New York's wrongful death statute (N.Y. Est. Powers & Trusts Law § 5-4.1), there are no caps on economic damages in wrongful death cases. However, New York does not traditionally allow recovery for the deceased's pain and suffering in wrongful death actions, though this may be recoverable under a separate survival action. Since FTCA damages are governed by state law where the incident occurred, New York's favorable damage laws can result in substantial recoveries for families who have lost loved ones due to federal medical malpractice.

New York Legal Requirements for Wrongful Death Claims

Under the Federal Tort Claims Act (28 U.S.C. § 2675), families have two years from the date of death to file an administrative claim with the federal agency. New York's wrongful death statute (N.Y. Est. Powers & Trusts Law § 5-4.1) also provides a two-year statute of limitations, creating consistency between state and federal deadlines. However, the FTCA's strict administrative requirements mean that missing the two-year federal deadline can permanently bar your claim, regardless of New York state law.

New York requires expert medical testimony in medical malpractice cases to establish the standard of care and prove that negligence caused the death. New York requires medical expert affidavits early in litigation to prove the case has merit and meets professional standards of care per certificate of merit requirements.

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. § 2675), you have two years from the date of death to file an administrative claim with the VA. This federal deadline is strictly enforced and cannot be extended, even if New York state law might allow more time in civilian cases.

New York law governs damages in FTCA cases, allowing recovery for lost earnings, medical expenses, funeral costs, and loss of financial support. Under New York's Estate Powers & Trusts Law § 5-4.1, there are no caps on economic damages, potentially resulting in substantial recoveries for families.

Unlike some states, New York does not impose damage caps on wrongful death recoveries. This means families can recover the full value of economic losses, including lifetime earnings and benefits, without artificial limitations that might apply in other states.

No, under the Federal Tort Claims Act, you cannot sue individual military doctors or VA physicians personally. Your claim must be filed against the United States government, which assumes liability for the negligent acts of its employees acting within the scope of their employment.

Yes, New York requires qualified medical experts to establish the standard of care and prove that negligence caused the death. Our firm maintains relationships with board-certified physicians who can provide the necessary expert testimony to support your wrongful death claim.

FTCA wrongful death cases typically take 18-36 months from filing the administrative claim to resolution. The government has six months to respond to your initial claim, and if denied, federal court litigation can add another 12-24 months depending on the complexity of the medical issues involved.

New York follows a pure comparative negligence rule, meaning damages are reduced by the percentage of fault attributed to the deceased. However, even if your loved one contributed to their condition, you may still recover substantial damages if medical negligence was a significant factor in causing the death.

Yes, if the medical negligence occurred at a New York VA or military facility, family members can file an FTCA claim regardless of where they currently live. New York law will still govern the damages calculation, and our firm handles FTCA cases for clients in all 50 states.

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

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

When you lose a loved one due to negligent medical care at a VA facility in New York, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you must file your FTCA claim within two years of when you knew or should have known about the medical negligence that caused the death. This starts with filing an administrative claim using Standard Form 95, giving the VA six months to investigate and respond to your claim before you can file a lawsuit.

Having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals understand both the complex medical issues involved in VA care and the specific legal requirements of FTCA claims. They can accurately identify deviations from the standard of care, interpret medical records, and effectively communicate with expert witnesses who will be crucial to proving your case.

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 income and benefits, and loss of support and services. New York law also allows recovery for the deceased's conscious pain and suffering before death, as well as the surviving family's loss of companionship and emotional distress.

It's important to note that FTCA claims follow different rules than typical New York medical malpractice cases. The federal government must be properly notified, specific procedures must be followed, and different deadlines apply. Missing these requirements can permanently bar your right to compensation.

If you believe your family member died due to negligent VA medical care, you should seek legal guidance immediately. Many attorneys who specialize in VA medical malpractice offer free initial consultations to evaluate your case. During this consultation, they can review your situation, explain your rights, and help you understand the strength of your potential claim. Don't wait to seek help – the sooner you begin the process, the better positioned you'll be to protect your rights and obtain the compensation your family deserves.

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