Ohio VA & Military Wrongful Death Malpractice Attorneys

When families entrust their loved ones to Ohio's VA medical centers and military hospitals, they expect competent, life-saving care. Medical negligence at these federal facilities often causes preventable deaths, devastating families who seek answers. The loss of a family member due to medical malpractice represents not only an emotional tragedy but also a violation of the trust placed in our nation's healthcare system for veterans and military personnel.

At the Archuleta Law Firm, our founding attorney brings a unique dual perspective as both a licensed attorney and medical doctor—providing unparalleled expertise in understanding both the legal and medical aspects of wrongful death cases. The VA Office of Inspector General reports that systemic issues in emergency care, surgical procedures, and medication management continue to cause preventable deaths at VA facilities nationwide.

If your loved one died due to medical negligence at an Ohio VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). This federal law allows families to pursue compensation when government employees, including VA and military medical staff, cause death through negligent medical care. Understanding the FTCA process and Ohio's specific legal requirements is crucial for protecting your family's right to justice and compensation.

• Emergency Room Negligence: Failure to properly triage patients, delayed diagnosis of heart attacks or strokes, and inadequate monitoring can result in preventable deaths when immediate intervention could have saved lives.

• Surgical Errors: Wrong-site surgery, anesthesia complications, post-operative infections due to poor sterile technique, and failure to recognize surgical complications can lead to death when proper surgical standards are not followed.

• Medication Errors: Incorrect dosages, dangerous drug interactions, failure to monitor for adverse reactions, and administration of wrong medications can cause fatal outcomes that proper pharmaceutical protocols would have prevented.

• Misdiagnosis or Delayed Diagnosis: Failing to recognize symptoms of cancer, heart disease, sepsis, or other life-threatening conditions allows treatable diseases to progress to fatal stages when timely diagnosis would have enabled life-saving treatment.

• Inadequate Post-Operative Care: Poor monitoring after surgery, failure to recognize complications like internal bleeding or infections, and inadequate pain management protocols can result in preventable post-surgical deaths.

• Failure to Obtain Informed Consent: Medical staff's failure to properly inform patients about risks and alternatives prevents families from making life-saving treatment decisions.

Our firm represents families in wrongful death cases at major VA and military medical facilities throughout Ohio, where complex medical procedures and high patient volumes birth injuries can sometimes lead to fatal medical errors.

Major Ohio VA & Military Facilities:

• Dayton VA Medical Center, Dayton: This major VA facility provides comprehensive medical services where surgical complications, emergency care delays, and medication errors can result in preventable deaths.

• Louis Stokes Cleveland VA Medical Center, Cleveland: As one of Ohio's largest VA facilities, complex cardiac procedures, cancer treatments, and emergency interventions require precise medical care to prevent fatal outcomes.

• Cincinnati VA Medical Center, Cincinnati: This facility's psychiatric and medical services demand careful monitoring and proper treatment protocols to prevent deaths from medication errors or inadequate mental health crisis intervention.

• Wright-Patterson Air Force Base Medical Center, Dayton: Military families receive care at this facility where surgical procedures, emergency medicine, and specialized treatments require adherence to strict medical standards.

• Chillicothe VA Medical Center, Chillicothe: Serving southern Ohio veterans, this facility's medical and psychiatric services must maintain proper care standards to prevent deaths from negligent treatment or monitoring failures.

View all Ohio VA & Military Facilities

• Sudden, unexpected death following routine medical procedures or treatments that should not typically result in mortality
• Death occurring after medical staff ignored or failed to respond appropriately to clear warning signs or symptoms
• Fatal outcomes when family members repeatedly expressed concerns about the patient's condition that were dismissed by medical staff
• Death following obvious medical errors such as wrong medications, incorrect surgical procedures, or equipment malfunctions
• Preventable deaths when standard medical protocols were not followed, such as failure to order appropriate tests or consultations
• Fatal complications that developed due to inadequate post-treatment monitoring or failure to recognize deteriorating conditions
• Death occurring when medical records show conflicting information, missing documentation, or altered entries suggesting cover-up attempts

Economic Damages

Under the Federal Tort Claims Act, families can recover specific economic losses resulting from wrongful death at Ohio VA and military facilities. These include funeral and burial expenses, which typically range from $7,000 to $15,000 for veteran burials. Families can recover medical expenses before death, including emergency treatment, surgical procedures, and intensive care costs. Loss of future earnings represents the deceased's projected lifetime income, calculated based on age, health, and career trajectory. Families can recover lost benefits such as military retirement pay, VA disability compensation, and health insurance coverage. Families can recover the value of household services the deceased would have provided, including childcare, home maintenance, and other domestic contributions.

Non-Economic Damages

Ohio law permits recovery for loss of companionship, society, and consortium—the intangible relationship benefits family members lose when a loved one dies. Mental anguish and emotional distress suffered by surviving family members witnessing their loved one's suffering and death. Loss of guidance, counsel, and protection that the deceased would have provided to spouses and children throughout their lifetime. Pain and suffering the deceased endured before death, when conscious and aware of their deteriorating condition due to medical negligence.

Ohio-Specific Considerations

Ohio's wrongful death statute (Ohio Revised Code § 2125.01) distributes damages based on specific statutory guidelines for allocating compensation among surviving family members. Ohio's four-year statute of repose (Ohio Revised Code § 2305.113(C)) may affect timing for FTCA claims, though the federal two-year administrative deadline typically creates a more restrictive timeframe. Ohio courts apply state law to determine damages in FTCA cases, meaning Ohio's approach to calculating economic and non-economic losses will govern the compensation available to families pursuing federal wrongful death claims.

Ohio Legal Requirements for Wrongful Death Claims

Statute of Limitations

The Federal Tort Claims Act requires families to file an administrative claim within two years of the wrongful death (28 U.S.C. § 2675). This federal deadline is typically more restrictive than Ohio's wrongful death statute of limitations. Ohio's discovery rule may apply in cases where the negligence was not immediately apparent, but families must still meet the federal FTCA deadlines to preserve their claims. The Ohio statute of repose (Ohio Revised Code § 2305.113(C)) creates a four-year maximum timeframe, but FTCA's two-year requirement takes precedence for federal claims.

Expert Witness Requirements

Ohio medical malpractice cases require expert medical testimony to establish the standard of care and prove negligence. For wrongful death cases, medical experts must demonstrate how the defendant's actions fell below acceptable medical standards and directly caused the death. FTCA claims in Ohio federal court follow federal rules of evidence but apply Ohio substantive law regarding expert qualifications and testimony 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 (28 U.S.C. § 2675), families must file an administrative claim within two years of the death. After the agency responds or six months pass, families have an additional six months to file a federal lawsuit. Missing these deadlines permanently bars the claim.

Ohio law governs damages in FTCA cases, allowing recovery for economic losses like funeral expenses, lost earnings, and medical bills, plus non-economic damages for loss of companionship and mental anguish. Under Ohio Revised Code § 2125.01, damages are distributed according to statutory guidelines among surviving family members.

Ohio's medical malpractice damage caps may apply to non-economic damages in FTCA wrongful death cases, as federal courts apply state law to determine compensation. However, economic damages like lost earnings and medical expenses are not subject to caps and can be substantial in wrongful death cases.

No, under the Federal Tort Claims Act, you sue the United States government, not individual doctors. The FTCA provides the exclusive remedy for medical malpractice by federal employees acting within their official duties at VA and military facilities.

Yes, Ohio law requires expert medical testimony in medical malpractice cases to establish the standard of care and prove negligence. For wrongful death cases, experts must demonstrate how medical negligence directly caused the death and violated accepted medical standards.

FTCA wrongful death cases typically take 18 months to 3 years. The process includes a 6-month administrative review period, followed by federal litigation if the claim is denied. Complex cases involving multiple medical issues or significant damages may take longer to resolve.

You may still have a claim if medical negligence worsened the condition or prevented proper treatment. Even patients with serious illnesses deserve competent medical care, and negligence that hastens death or prevents recovery can support a wrongful death claim under the FTCA.

Yes, the FTCA allows any eligible family member to file claims regardless of their residence. The case would be filed in Ohio federal court where the facility is located, and Ohio law would govern damages, but your residence does not affect your right to pursue the claim.

When you or a loved one has suffered preventable deaths due to medical negligence at VA and military hospitals 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 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.

• 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 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 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 Wrongful Death victims. Our Ohio 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 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 Surgical Errors Cases
• Ohio Emergency Room Errors Cases
• Ohio 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

If you're a veteran or military family member in Ohio dealing with the devastating loss of a loved one due to potential medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to file a claim against the federal government, but strict deadlines must be followed.

You have two years from the date of the incident (or from when you reasonably should have known about the negligence) to file an administrative claim using Standard Form 95. This initial filing must include a "sum certain" - the specific amount you're claiming in damages. The VA then has six months to respond to your claim. If they deny your claim or fail to respond within six months, you have six months from that date to file a federal lawsuit.

Having an attorney who is also a medical doctor can be invaluable in these cases. They can quickly identify whether the standard of care was breached, understand complex medical records, and effectively communicate with VA medical experts. This dual expertise is particularly important in wrongful death cases, where establishing the direct link between medical negligence and death is crucial for your claim's success.

Under the FTCA, you may be able to recover various damages, including medical expenses incurred before death, funeral and burial costs, lost wages and benefits (including future earnings), and non-economic damages such as loss of companionship and emotional distress. In Ohio, there's no cap on economic damages, but non-economic damages may be limited depending on your specific circumstances.

Time is critical in these cases, and evidence needs to be preserved as soon as possible. Medical records must be obtained and reviewed, witness statements collected, and expert opinions secured. Given the complexity of FTCA claims and the specialized knowledge required, you shouldn't try to navigate this process alone.

We encourage you to reach out for a free, confidential case evaluation with our doctor-attorneys who specialize in VA wrongful death cases. We can help determine if you have a valid claim and ensure all deadlines are met while you focus on healing. There's no obligation, and we only get paid if we win your case. Don't let important deadlines pass - contact us today to protect your rights and seek the justice your family deserves.

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

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