Ohio VA & Military Surgical Errors Malpractice Attorneys

When veterans and military families seek surgical care at Ohio's VA medical centers and military hospitals, they place their trust in federal medical professionals to provide competent, safe treatment. Unfortunately, preventable surgical errors continue to occur at these facilities, causing devastating injuries that could have been avoided with proper medical care.

At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor (MD/JD), bringing unique legal and medical expertise. This dual background allows us to thoroughly understand the complex medical standards of care that govern surgical procedures and identify when negligence has occurred. Over our 25+ years of practice, we have recovered over $145 million for clients harmed by federal medical malpractice. birth injuries at military hospitals

Under Ohio medical malpractice laws (O.R.C. § 2305.113), patients have one year from discovering the error to file surgical claims. However, claims against VA and military hospitals fall under the Federal Tort Claims Act (FTCA), which provides additional legal pathways for recovery when federal employees cause harm through negligent surgical care.

• Wrong-Site Surgery: Operating on the incorrect body part, organ, or side of the body represents a fundamental breach of surgical protocols. Surgical teams cause these errors by failing to verify procedures, ignoring patient identification, or rushing safety checklists.

• Retained Surgical Instruments: It is clear negligence to leave surgical sponges, gauze, clamps, or other instruments inside a patient's body after surgery. Proper counting and imaging should prevent these incidents, which can cause infections, internal injuries, and require more surgeries.

• Anesthesia Errors: Brain damage, organ failure, or death can result from incorrect dosages, poor monitoring, or ignored allergies. Anesthesiologists must maintain continuous vigilance throughout surgical procedures.

• Post-Operative Care Failures: Inadequate monitoring after surgery, failure to recognize complications, delayed response to infection signs, or improper wound care can transform routine procedures into life-threatening situations requiring emergency intervention.

• Surgical Technique Violations: Cutting or damaging healthy organs, nerves, or blood vessels due to poor surgical technique, inadequate visualization, or failure to follow established surgical protocols represents a departure from accepted medical standards.

• Communication Breakdowns: Poor communication between surgical team members, failure to review patient charts thoroughly, or inadequate handoff procedures between shifts can lead to critical errors that harm patients.

Our firm represents surgical error victims at major federal medical facilities throughout Ohio, where complex procedures and high patient volumes can sometimes lead to preventable mistakes.

Dayton VA Medical Center (Dayton): This major VA facility provides comprehensive surgical services to thousands of veterans annually, with multiple operating suites where surgical errors can occur during routine and complex procedures.

Cincinnati VA Medical Center (Cincinnati): Serving southwestern Ohio veterans, this facility's surgical departments handle everything from outpatient procedures to major operations where negligent care can cause lasting harm.

Cleveland VA Medical Center (Cleveland): As one of Ohio's largest VA facilities, the volume of surgical cases increases the potential for errors when proper protocols are not followed.

Wright-Patterson Air Force Base Medical Center (Dayton): This military treatment facility serves active duty personnel and their families, providing surgical care where medical malpractice can affect military readiness and family welfare.

View all Ohio VA & Military Facilities

• Surgery performed on the wrong body part, organ, or side despite clear pre-operative markings and patient identification
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body after the procedure
• Unexpected nerve damage, paralysis, or loss of function following routine surgery
• Severe infections developing after surgery due to inadequate sterile technique or post-operative care
• Need for emergency surgery to correct complications that should have been prevented
• Anesthesia awareness (being conscious during surgery) or complications from improper anesthesia administration
• Significant bleeding or organ damage during surgery that was not disclosed as a known risk
• Delayed recognition of post-operative complications despite clear warning signs and symptoms

Economic Damages

Surgical error victims can recover compensation for all financial losses resulting from medical negligence, including corrective surgery costs to repair damage caused by the original error, extended hospitalization expenses beyond what was planned for the initial procedure, lifetime medical care and monitoring for permanent complications, lost wages during extended recovery periods, reduced earning capacity if the error causes permanent disability, and rehabilitation costs including physical therapy, occupational therapy, and specialized equipment needs.

Non-Economic Damages

Ohio law also allows recovery for intangible losses such as physical pain and suffering from additional procedures and complications, emotional distress from trauma and anxiety about future medical care, loss of enjoyment of life activities you can no longer participate in, disfigurement or scarring from corrective procedures, and loss of consortium affecting relationships with spouses and family members.

Ohio-Specific Considerations

Under Ohio's medical malpractice damage caps established by S.B. 281 (enacted 2002), non-economic damages are generally limited to $250,000 per plaintiff or three times economic damages (whichever is higher), with a maximum of $350,000 per plaintiff and $500,000 per occurrence. However, catastrophic injury cases involving permanent substantial physical deformity, loss of use of a limb, or loss of a bodily organ system have higher caps of $500,000 per individual and $1,000,000 per occurrence. These caps apply only to non-economic damages—economic damages for medical bills, lost wages, and future care costs remain unlimited. Since FTCA claims apply state law where the facility is located, Ohio's damage cap provisions may affect your federal claim against VA or military hospitals.

### Statute of Limitations

The Federal Tort Claims Act requires filing an administrative claim with the appropriate federal agency within two years of when you knew or should have known about the injury (28 U.S.C. § 2675). Ohio's discovery rule under O.R.C. § 2305.113(D) may also apply, allowing claims within one year of discovery if the injury could not reasonably have been discovered within three years, with an absolute four-year maximum from the negligent act.

### Expert Witness Requirements

Ohio requires an Affidavit of Merit in medical malpractice cases, sworn by a qualified medical expert attesting that the claim has merit. For surgical error cases, this typically requires a surgeon in the same or related specialty to review your medical records and confirm that the standard of care was violated. Our firm's medical doctor founder and nurse on staff help ensure we meet these technical requirements.

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

Under the Federal Tort Claims Act, you have two years from the date you discovered (or reasonably should have discovered) the surgical error to file an administrative claim with the VA or military. Ohio's discovery rule may provide additional time in cases where the error was not immediately apparent.

You can recover economic damages (medical bills, lost wages, future care costs) without limit, plus non-economic damages (pain and suffering) subject to Ohio's caps of $350,000 per plaintiff for standard cases or up to $1,000,000 for catastrophic injuries under S.B. 281.

Ohio's damage caps under S.B. 281 limit non-economic damages to $250,000 or three times economic damages (maximum $350,000) for standard cases, with higher limits for catastrophic injuries. These state caps may apply to FTCA claims since federal law incorporates the law of the state where the facility is located.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligent care provided by military medical personnel acting within their scope of employment at federal facilities.

Yes, Ohio requires an Affidavit of Merit from a qualified medical expert. Our firm's founding attorney is both a medical doctor and lawyer, providing the medical expertise needed to evaluate and support your surgical error claim.

FTCA cases typically take 12-24 months from filing the administrative claim to resolution. Complex surgical error cases may take longer, especially if they proceed to federal court after the administrative claim is denied.

Ohio's discovery rule and the FTCA's two-year requirement both account for delayed discovery. However, Ohio imposes an absolute four-year limit from the date of the negligent act, regardless of when it was discovered.

Yes, informed consent forms do not waive your right to file malpractice claims for negligent care. These forms only acknowledge known risks, not protection against substandard medical treatment that falls below accepted standards of care.

When you or a loved one has suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications at a Ohio 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 Surgical Errors 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 Surgical Errors cases.

• Ohio FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Ohio 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 Ohio, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Surgical Errors takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications at a Ohio 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 Ohio Surgical Errors victims. Our Ohio Surgical Errors 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 Ohio 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.

Ohio VA Malpractice Information

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

Other Ohio Case Types We Handle

• Ohio Emergency Room Errors Cases
• Ohio Brain Injury Cases
• Ohio Spinal Cord Injury Cases

Surgical Errors Resources

• Surgical Errors Lawyers (Nationwide) - General Surgical Errors 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 who has experienced a surgical error at an Ohio VA medical facility, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation for injuries caused by negligent medical care at VA hospitals, but you must follow strict deadlines and procedures.

You have two years from the date of the surgical error to file an administrative claim using Standard Form 95. This initial claim must be filed with the Department of Veterans Affairs before you can pursue a lawsuit. Once you submit your claim, the VA has six months to investigate and respond. If the VA denies your claim or fails 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 significantly strengthen your surgical error case. These specialized professionals understand both the legal complexities of FTCA claims and the medical standards of care that should have been followed during your procedure. They can accurately identify deviations from accepted surgical practices, effectively communicate with medical experts, and translate complex medical information into compelling legal arguments.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages, and compensation for pain and suffering. If you've had to undergo corrective surgeries, require ongoing care, or have experienced a diminished quality of life due to the surgical error, these damages can be substantial. Unlike private medical malpractice cases, FTCA claims don't allow for punitive damages, but they do provide important compensation for actual losses and damages you've suffered.

Don't navigate this complex process alone. Many experienced FTCA attorneys offer free case evaluations to help you understand your rights and options. During this consultation, they can review your medical records, explain the strength of your case, and outline the next steps in the claims process. Remember, time is critical in these cases - the sooner you reach out for legal help, the better positioned you'll be to protect your rights and pursue the compensation you deserve.

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

• Ohio Emergency Room Errors Cases
• Ohio Brain Injury Cases
• Ohio Spinal Cord Injury Cases
• Ohio Misdiagnosis Cases
• Ohio Medication Errors Cases
• Ohio Wrongful Death Cases