Oklahoma VA & Military Wrongful Death Malpractice Attorneys

Families trust Oklahoma's VA medical centers and military hospitals to provide life-saving care, not cause preventable deaths through medical negligence. Tragically, medical errors at federal facilities can result in wrongful deaths that devastate families and leave them searching for answers and accountability.

Our founding attorney is both a licensed physician and attorney, bringing unique medical-legal expertise. Our dual medical-legal background helps us understand both wrongful death law and the medical standards that should prevent these tragedies. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act cases, we understand how to hold the U.S. government accountable for negligence at its medical facilities.

If your loved one died due to medical negligence at an Oklahoma VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). To secure justice and compensation for your family's loss, you must understand these rights and Oklahoma's wrongful death laws.

• Failure to Diagnose Heart Attacks or Strokes: When emergency room staff misinterpret symptoms or fail to order appropriate diagnostic tests, patients can die from conditions that should have been treatable with prompt intervention.

• Medication Errors and Drug Interactions: Prescribing incorrect dosages, failing to check for dangerous drug interactions, or administering the wrong medication can result in fatal complications that constitute clear medical malpractice.

• Surgical Complications and Post-Operative Neglect: Deaths from preventable surgical errors, inadequate post-operative monitoring, or failure to recognize and treat complications like infections or bleeding represent serious departures from accepted medical standards.

• Delayed Treatment of Serious Conditions: Medical staff's failure to prioritize critical patients or provide timely treatment for sepsis, pulmonary embolism, or internal bleeding can lead to preventable deaths.

• Anesthesia Errors: Improper administration of anesthesia, failure to monitor patients during procedures, or inadequate pre-operative assessment can lead to fatal complications during surgery.

• Emergency Room Negligence: Failure to properly triage patients, inadequate monitoring of vital signs, or premature discharge of patients with serious conditions can result in deaths that proper emergency care would have prevented.

We represent families in wrongful death cases at major Oklahoma federal medical facilities where medical negligence has resulted in preventable deaths. Our experience includes cases at facilities throughout the state where families have lost loved ones due to substandard care.

Major Oklahoma Federal Medical Facilities:

• Oklahoma City VA Medical Center (Oklahoma City) - As the state's primary VA medical center, this facility handles complex cases where delayed diagnosis or treatment errors can prove fatal.
• Jack C. Montgomery VA Medical Center (Muskogee) - This regional medical center serves veterans across eastern Oklahoma, and families have faced wrongful deaths due to surgical complications and emergency care failures.
• Tinker Air Force Base Medical Clinic (Oklahoma City) - Military personnel and their families have experienced preventable deaths due to inadequate emergency response and misdiagnosis.
• Altus Air Force Base Medical Clinic (Altus) - This facility serves active duty members where failure to properly treat serious conditions has resulted in tragic outcomes.

View all Oklahoma VA & Military Facilities

• Your loved one's condition was misdiagnosed or diagnosis was significantly delayed despite clear symptoms
• Medical staff failed to order appropriate diagnostic tests (CT scans, blood work, EKGs) when symptoms warranted immediate investigation
• Emergency room staff discharged your loved one despite continuing symptoms or abnormal vital signs
• Surgical complications occurred that should have been prevented with proper technique or post-operative monitoring
• Your loved one received incorrect medications, wrong dosages, or experienced dangerous drug interactions
• Medical staff failed to respond appropriately to emergency situations or changes in your loved one's condition
• There were significant delays in treatment for time-sensitive conditions like heart attacks, strokes, or sepsis

Economic Damages

Oklahoma wrongful death cases can recover substantial economic damages that reflect the financial impact of losing a loved one. These include lost future earnings based on the deceased's age, occupation, and earning capacity, as well as the value of benefits like health insurance, pension contributions, and retirement savings that the family has lost. You can recover medical expenses before death, plus funeral and burial costs. Families can also seek compensation for lost household services and support the deceased would have provided.

Non-Economic Damages

Beyond financial losses, Oklahoma law recognizes the profound emotional impact of wrongful death. Under Oklahoma Statutes § 12-1053, surviving spouses can recover for loss of consortium and grief; children and parents may recover for grief and lost companionship. The law also allows recovery for mental pain and anguish suffered by the decedent before death, which is distributed to surviving spouses and children. These damages acknowledge that the loss of a family member involves more than just economic impact.

Under Oklahoma Statutes § 12-1053, wrongful death damages are specifically allocated among survivors, with medical and burial expenses going to those who paid them, while other damages are distributed according to the statute's framework. Importantly, Oklahoma law also allows for punitive or exemplary damages in proper cases where the conduct was particularly egregious. For FTCA claims against federal facilities, these state law damage provisions typically apply, though federal procedures govern how claims are filed and processed. The interaction between Oklahoma's wrongful death statute and federal FTCA requirements requires careful legal analysis to ensure families receive maximum compensation.

Statute of Limitations

Federal Tort Claims Act wrongful death cases must be filed within two years of the date the claim accrued under 28 U.S.C. § 2675. Oklahoma's wrongful death statute also requires actions to be commenced within two years from the date of death under Oklahoma Statutes § 12-1053. However, Oklahoma's discovery rule may apply in cases where medical negligence was not immediately apparent, potentially extending the filing deadline. The FTCA also requires filing an administrative claim with the appropriate federal agency before pursuing litigation.

Expert Witness Requirements

Oklahoma medical malpractice cases typically require expert medical testimony to establish the standard of care and how it was breached. For wrongful death cases involving complex medical issues, qualified medical experts must demonstrate that the care provided fell below accepted medical standards and directly caused the death. Our firm's medical doctor provides crucial insight into these standards and helps identify the most qualified experts for each case.

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

Under Oklahoma Statutes § 12-1053, wrongful death actions must be commenced within two years from the date of death. For FTCA claims against federal facilities, the Federal Tort Claims Act also imposes a two-year deadline under 28 U.S.C. § 2675. Oklahoma's discovery rule may extend this deadline in cases where negligence was not immediately apparent.

Oklahoma Statutes § 12-1053 allows recovery for medical and burial expenses, loss of consortium and grief of the surviving spouse, mental pain and anguish suffered by the decedent, pecuniary loss to survivors, grief and loss of companionship of children and parents, and punitive damages in appropriate cases. These damages are specifically allocated among survivors according to the statute.

Oklahoma does not impose specific damage caps on wrongful death cases like some states do for medical malpractice. However, damages must be proven and are allocated according to Oklahoma Statutes § 12-1053. For FTCA claims, federal procedures apply, but Oklahoma substantive law typically governs the types and amounts of damages available.

You cannot sue individual military doctors personally, but you can file a Federal Tort Claims Act claim against the United States government for negligence by federal employees. Under the FTCA, the government assumes liability for the negligent acts of its employees, including military doctors, performed within the scope of their employment.

Yes, Oklahoma medical malpractice cases typically require expert medical testimony to establish the standard of care and prove how negligence caused the wrongful death. The expert must be qualified in the relevant medical specialty and able to testify about accepted medical practices and how they were violated.

Oklahoma wrongful death cases involving federal facilities typically take 18 months to several years to resolve. FTCA cases require first filing an administrative claim with the federal agency, which has six months to respond. If denied or ignored, litigation can then proceed in federal court, where the timeline depends on case complexity and the government's cooperation.

Deaths at Oklahoma VA hospitals fall under the Federal Tort Claims Act, allowing you to seek compensation from the U.S. government for medical negligence. You must first file an administrative claim with the VA within two years of discovering the negligence, then pursue federal court litigation if the claim is denied.

Yes, Oklahoma Statutes § 12-1053 specifically allows for punitive or exemplary damages in wrongful death cases where appropriate. However, punitive damages are typically awarded only in cases involving particularly egregious conduct or willful misconduct, not ordinary medical negligence.

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

• Oklahoma FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Oklahoma 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 Oklahoma, 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 Oklahoma 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 Oklahoma Wrongful Death victims. Our Oklahoma 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 Oklahoma 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.

Oklahoma VA Malpractice Information

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

Other Oklahoma Case Types We Handle

• Oklahoma Surgical Errors Cases
• Oklahoma Emergency Room Errors Cases
• Oklahoma 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've lost a loved one due to negligent medical care at an Oklahoma VA facility or military hospital, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you have the right to seek justice, but strict deadlines apply. You must file your administrative claim within two years of when you knew or should have known about the negligence that caused your loved one's death. Once you file the Form SF-95 claim, the federal agency has six months to respond before you can file a lawsuit in federal court.

Military medical malpractice cases are uniquely complex, which is why having an attorney who is also a medical doctor can be invaluable to your case. A doctor-attorney can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with expert witnesses. This dual expertise helps build the strongest possible case by combining legal strategy with medical knowledge.

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 future income and benefits, and loss of consortium (the relationship between spouses or parent and child). Oklahoma law also allows recovery for the pain and suffering your loved one experienced before death, as well as the emotional distress and loss of companionship suffered by surviving family members.

Don't navigate this challenging process alone. Our team understands the unique challenges faced by military families in Oklahoma, and we offer free, confidential case evaluations to help you understand your options. As veterans ourselves, we're committed to serving those who served our country. There's no obligation, and we only get paid if we win your case. Time is critical in these cases, so contact us today to speak with an experienced doctor-attorney who can evaluate your claim and help protect your rights under the FTCA. Your family deserves answers and justice for your loss.

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

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