North Carolina VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and service members trust North Carolina's VA medical centers and military hospitals for competent, life-saving treatment. Tragically, medical negligence during surgeries, emergency care, or routine procedures can result in catastrophic spinal cord injuries that forever alter lives and devastate families.

The National Spinal Cord Injury Statistical Center reports 17,730 new spinal cord injuries each year in the United States, and medical malpractice causes many preventable cases. At the Archuleta Law Firm, our founding attorney is a licensed physician and attorney. This provides unparalleled medical and legal expertise to understand how hospital negligence caused your spinal cord injury and violated standards of care.

If you or a loved one suffered a spinal cord injury due to negligence at a North Carolina VA or military facility, the Federal Tort Claims Act (FTCA) grants you legal rights. Federal claims follow strict deadlines and procedures that differ from North Carolina state medical malpractice law.

• Surgical Errors During Spinal Procedures: Improper placement of surgical instruments, failure to maintain proper visualization, or damage to nerve roots during spinal fusion, laminectomy, or discectomy procedures can sever or compress the spinal cord, resulting in permanent paralysis.

• Anesthesia Complications: Failure to properly position patients during surgery, allowing prolonged pressure on the spine, or administering incorrect anesthetic doses that cause dangerous drops in blood pressure can lead to spinal cord ischemia and permanent damage.

• Delayed Diagnosis of Spinal Emergencies: Emergency room physicians who fail to recognize signs of spinal cord compression from conditions like cauda equina syndrome or epidural hematomas can cause irreversible paralysis through delayed treatment; proper intervention could have prevented this.

• Medication Errors: Administering incorrect anticoagulant doses or failing to monitor patients on blood thinners can cause epidural bleeding that compresses the spinal cord, while improper steroid injections directly into the spine can cause chemical burns to nerve tissue.

• Inadequate Post-Operative Monitoring: Failure to recognize and respond to signs of spinal cord swelling, infection, or hardware failure after spinal surgery can allow treatable complications to progress to permanent neurological damage.

• Emergency Room Negligence: Failing to properly immobilize trauma patients or missing spinal fractures on imaging studies can allow unstable spinal injuries to worsen, converting incomplete spinal cord injuries into complete paralysis through improper handling.

Our firm represents spinal cord injury victims at major federal medical facilities throughout North Carolina where complex surgeries and emergency care create the highest risk for life-altering medical negligence.

Major VA Medical Centers:

• W.G. (Bill) Hefner VA Medical Center (Salisbury): This major referral center performs complex spinal surgeries and treats polytrauma patients, creating significant risk for surgical errors and post-operative complications.
• Durham VA Medical Center: As a teaching hospital affiliated with Duke University, residents and fellows may perform procedures beyond their skill level, increasing the risk of surgical mistakes during spinal procedures.
• Asheville VA Medical Center: This facility's emergency department treats numerous trauma cases where failure to properly diagnose and stabilize spinal injuries can result in preventable paralysis.

Military Treatment Facilities:

• Womack Army Medical Center (Fort Bragg): Serving one of the largest military installations in the world, this facility treats combat-related spinal injuries and performs high-risk neurosurgical procedures where errors can cause catastrophic outcomes.

View all North Carolina VA & Military Facilities

• Your spinal cord injury occurred during what should have been a routine procedure with low complication rates
• Medical staff failed to obtain proper imaging studies before spinal surgery or missed obvious abnormalities on existing scans
• You experienced sudden neurological symptoms that were dismissed or attributed to "normal" post-surgical effects
• Hospital staff delayed emergency treatment despite clear signs of spinal cord compression or cauda equina syndrome
• Your surgeon operated at the wrong spinal level or caused damage to healthy tissue during the procedure
• Medical records show conflicting information, missing documentation, or alterations made after your injury occurred
• You were not properly positioned or monitored during lengthy surgical procedures, leading to pressure-related spinal damage

Economic Damages

Spinal cord injuries often require lifetime medical care and support, creating substantial economic losses that may include:

• Lifetime medical expenses, including an estimated $1.1 to $4.7 million in lifetime costs depending on injury severity and age at injury
• Specialized equipment costs for wheelchairs, home modifications, and adaptive technology that can exceed $500,000 initially
• Lost wages and diminished earning capacity, often totaling millions of dollars over a working lifetime
• Ongoing rehabilitation expenses including physical therapy, occupational therapy, and psychological counseling
• Home healthcare and personal care attendant costs that may reach $100,000 annually for complete injuries
• Transportation modifications and ongoing medical transportation expenses

Non-Economic Damages

The devastating personal impact of spinal cord injuries extends far beyond financial losses:

• Severe physical pain and suffering from the injury itself and ongoing medical complications
• Complete loss of bodily functions and independence in daily activities
• Profound emotional distress, depression, and anxiety related to permanent disability
• Loss of enjoyment of life and inability to participate in previously valued activities
• Damage to marital relationships and loss of consortium
• Social isolation and diminished quality of life

Under North Carolina's Medical Malpractice Act (N.C. Gen. Stat. § 90-21.19), pain and suffering damages in state medical malpractice cases are capped at $500,000, with exceptions for cases involving death, permanent injury, or disfigurement that a jury deems egregious. However, these state damage caps do not apply to Federal Tort Claims Act cases against VA and military hospitals, as federal law governs these claims entirely. This distinction can be crucial for spinal cord injury victims, as federal FTCA claims may allow for full compensation of non-economic damages without the artificial limitations imposed by North Carolina state law on civilian medical malpractice cases.

Statute of Limitations

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file an administrative claim within two years from the date your spinal cord injury occurred or was discovered. This federal deadline is strict and does not incorporate North Carolina's discovery rule extensions that apply to state medical malpractice cases under N.C. Gen. Stat. § 1-15(c). Unlike North Carolina state claims that may allow additional time when injuries are not readily apparent, FTCA claims require prompt action regardless of when the full extent of spinal damage becomes clear.

Expert Witness Requirements

North Carolina requires qualified medical experts to establish the standard of care in medical malpractice cases under N.C. Gen. Stat. § 8C-1, Rule 702. For spinal cord injury cases, this typically means securing testimony from neurosurgeons, orthopedic spine specialists, or other physicians familiar with spinal care protocols. Our firm's physician-attorney can often identify the precise medical standards that were violated and work with nationally recognized experts who understand both the complex anatomy involved and the devastating consequences of spinal cord trauma.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file an administrative claim within two years of your injury date. This federal deadline is shorter and more rigid than North Carolina's three-year medical malpractice statute of limitations (N.C. Gen. Stat. § 1-52), and missing this deadline typically bars your claim permanently.

FTCA claims allow recovery of both economic damages (medical expenses, lost wages, equipment costs) and non-economic damages (pain and suffering, loss of enjoyment of life). Unlike North Carolina state medical malpractice cases, federal claims are not subject to the state's $500,000 cap on non-economic damages under N.C. Gen. Stat. § 90-21.19.

No, under the Federal Tort Claims Act, you can only sue the United States government, not individual physicians or staff members. The Feres Doctrine may also bar active duty service members from bringing FTCA claims, though recent changes in military law have created limited exceptions for certain medical malpractice cases.

While North Carolina evidence rules (N.C. Gen. Stat. § 8C-1, Rule 702) typically require medical expert testimony, FTCA cases are governed by federal evidence rules. You will need qualified medical experts familiar with spinal care standards, but they need not be licensed specifically in North Carolina.

FTCA cases typically take 18-36 months from filing the administrative claim through resolution. The government has six months to respond to your administrative claim, after which you have six additional months to file a federal lawsuit if the claim is denied.

Emergency situations do not excuse medical negligence. Even in urgent circumstances, medical staff must follow established protocols for spinal immobilization, imaging, and surgical intervention. Failure to meet these standards during emergency care can still constitute malpractice under federal law.

Yes, spouses and family members can recover damages for loss of consortium, loss of services, and emotional distress when a loved one suffers a spinal cord injury due to medical negligence. These derivative claims are part of the overall FTCA lawsuit against the government.

While all medical procedures carry inherent risks, spinal cord injury resulting from negligent surgical technique, failure to follow protocols, or substandard care constitutes malpractice regardless of disclosed risks. Our physician-attorney can analyze your medical records to determine whether your injury resulted from accepted complications versus preventable negligence.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a North Carolina 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.

• North Carolina FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving North Carolina 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 North Carolina, 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 North Carolina 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 North Carolina Spinal Cord Injury victims. Our North Carolina 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 North Carolina 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.

North Carolina VA Malpractice Information

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

Other North Carolina Case Types We Handle

• North Carolina Surgical Errors Cases
• North Carolina Emergency Room Errors Cases
• North Carolina 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 North Carolina, 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 to protect your rights.

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 completed this administrative process. Once you submit your claim, the federal agency 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 can be invaluable in spinal cord injury cases. These cases involve complex medical evidence and requiring proving that the care you received fell below accepted standards of medical practice. A doctor-attorney can quickly identify deviations from the standard of care, understand your medical records in detail, and effectively communicate with medical experts. This unique combination of medical and legal expertise often leads to stronger cases and better outcomes.

Through an FTCA claim, you may be able to recover several types of damages: past and future medical expenses, including rehabilitation costs and necessary medical equipment; lost wages and reduced earning capacity; compensation for pain and suffering; and costs for modifications to your home or vehicle. In North Carolina, there are no caps on damages in FTCA cases, though punitive damages are not allowed.

If you or a family member has suffered a spinal cord injury while under VA care, you should have your case evaluated by an experienced FTCA attorney as soon as possible. Many firms offer free initial consultations and will review your medical records at no cost to determine if you have a viable claim. Don't let confusion about the process or concern about legal fees prevent you from exploring your options - the sooner you seek legal guidance, the better positioned you'll be to protect your rights and secure the compensation you deserve.

We handle various types of VA and military medical malpractice cases in North Carolina:

• North Carolina Surgical Errors Cases
• North Carolina Emergency Room Errors Cases
• North Carolina Brain Injury Cases
• North Carolina Misdiagnosis Cases
• North Carolina Medication Errors Cases
• North Carolina Wrongful Death Cases