Oregon VA & Military Wrongful Death Malpractice Attorneys

Families expect the best care when loved ones are at Oregon's VA medical centers and military hospitals. Tragically, medical negligence at these federal facilities can result in preventable deaths that devastate families and communities. Under Oregon law (ORS 30.020), wrongful death is defined as a death "caused by the wrongful act or omission of another"—and this includes medical malpractice by federal healthcare providers.

At Archuleta Law Firm, our founding attorney is both a lawyer and a doctor, giving us unique insight into wrongful death cases and medical standards of care. With over $145 million recovered for clients and 25+ years of experience handling Federal Tort Claims Act (FTCA) cases, we understand both the medical complexities and legal requirements specific to claims against the U.S. government.

If your loved one died due to medical negligence at an Oregon VA or military facility, you have legal rights under the Federal Tort Claims Act. To hold the government liable for preventable deaths, you must understand your rights and how Oregon's wrongful death laws relate to federal FTCA requirements.

• Delayed Diagnosis of Critical Conditions: When medical staff fail to promptly diagnose heart attacks, strokes, or sepsis, patients can die from conditions that were treatable if caught early. This constitutes malpractice when reasonable medical professionals would have recognized the symptoms.

• Medication Errors and Drug Interactions: Prescribing incorrect medications, wrong dosages, or failing to check for dangerous drug interactions can cause fatal reactions. These errors violate required pharmaceutical safety protocols.

• Surgical Complications and Post-Operative Neglect: Surgical errors, poor monitoring during recovery, or failure to spot complications can lead to fatal infections, bleeding, or organ failure that proper care would prevent.

• Emergency Room Mismanagement: Failing to triage patients appropriately, discharging patients with serious conditions, or delaying critical interventions in emergency situations can result in deaths that violate emergency medicine standards of care.

• Failure to Monitor High-Risk Patients: When patients with serious conditions aren't monitored adequately, fatal deterioration can occur that proper oversight would have detected and treated before becoming life-threatening.

• Communication Failures Between Medical Teams: Poor communication during shift changes, inadequate handoffs between departments, or failure to communicate critical test results can lead to missed treatments and preventable deaths.

We represent families in wrongful death cases throughout Oregon's federal medical facilities, where lapses in care can have fatal consequences. Our experience includes cases at major medical centers where complex treatments and high-risk patients require the highest standards of care.

Portland VA Medical Center - Portland: As Oregon's largest VA facility, this medical center handles complex cases where diagnostic errors or treatment delays can prove fatal.

Roseburg VA Medical Center - Roseburg: This facility serves veterans across southern Oregon, where emergency care and chronic disease management failures can lead to preventable deaths.

Naval Medical Research Unit - Portland: Military medical facilities must maintain strict protocols, and failures in emergency response or patient monitoring can result in wrongful death.

Oregon National Guard Medical Units - Various locations: Guard medical facilities providing care to service members must meet federal standards, and negligence can have fatal consequences.

View all Oregon VA & Military Facilities

• Your loved one's condition was misdiagnosed or diagnosis was significantly delayed despite clear symptoms
• Critical test results were not communicated to treating physicians or were misinterpreted
• Emergency warning signs were ignored or not properly addressed by medical staff
• Prescribed medications caused fatal reactions that should have been anticipated
• Post-surgical complications were not promptly recognized or treated appropriately
• Your loved one was discharged from the emergency room despite serious symptoms
• Medical staff failed to follow established protocols for monitoring high-risk patients
• There was inadequate communication between medical teams during critical care periods

Economic Damages

Families can recover specific economic losses under Oregon's wrongful death statute (ORS 30.020), including lifetime lost earnings based on the deceased's age, occupation, and earning capacity. Medical expenses incurred before death, including emergency treatment, hospital stays, and specialist consultations are recoverable. Funeral and burial expenses, including memorial services and related costs, are compensable damages. Loss of benefits such as health insurance, retirement contributions, and other employment benefits the deceased would have provided to survivors can be included in economic damage calculations.

Non-Economic Damages

Oregon law allows recovery for the loss of society, companionship, and services that the deceased provided to surviving family members. Pain and suffering experienced by the deceased before death can be awarded to the estate. The emotional trauma and grief suffered by surviving family members may be compensable depending on their relationship to the deceased. Loss of guidance, counsel, and protection that the deceased provided to children or dependents represents significant non-economic damages in wrongful death cases.

Under Oregon Revised Statute 30.020, wrongful death claims must be filed within three years from the date the injury causing death is discovered or reasonably should have been discovered. However, FTCA claims against federal facilities require filing an administrative claim within two years of discovery, creating a potential conflict that requires careful legal analysis. Oregon does not impose statutory caps on wrongful death damages in medical malpractice cases, but federal FTCA claims may be subject to different limitations that affect total recovery amounts.

Statute of Limitations: The Federal Tort Claims Act requires filing an administrative claim within two years of discovering the malpractice that caused death. Oregon's wrongful death statute (ORS 30.020) allows three years from discovery, but the federal requirement controls for claims against VA and military facilities. Missing the FTCA deadline can permanently bar your claim regardless of Oregon's longer period.

Expert Witness Requirements: Oregon medical malpractice cases typically require expert medical testimony to establish the standard of care and prove negligence. In wrongful death cases, experts must demonstrate how the defendant's actions or omissions directly caused the fatal outcome and violated accepted medical practices. The complexity of proving causation in wrongful death cases makes qualified medical experts essential for successful FTCA claims.

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

Under the Federal Tort Claims Act, you must file an administrative claim within two years of discovering the malpractice that caused your loved one's death. While Oregon's wrongful death statute (ORS 30.020) allows three years, the federal requirement controls for claims against government facilities and cannot be extended.

Oregon law (ORS 30.020) allows recovery for medical and funeral expenses, the deceased's pain and suffering before death, lost income, and pecuniary losses to both the estate and surviving beneficiaries. You can also recover for loss of society, companionship, and services, plus punitive damages if appropriate.

Oregon does not impose statutory caps on wrongful death damages in medical malpractice cases. However, federal FTCA claims may be subject to different limitations, and the interaction between state and federal law requires careful analysis by attorneys experienced in both Oregon wrongful death law and federal tort claims.

No, under the FTCA, you cannot sue individual federal employees for medical malpractice. Your claim must be filed against the United States government, and federal employees are immune from personal liability when acting within the scope of their employment at VA or military facilities.

Yes, Oregon medical malpractice cases require expert medical testimony to establish the standard of care and prove that negligence caused the wrongful death. Experts must be qualified in the relevant medical specialty and able to testify about how the defendant's actions violated accepted medical practices.

FTCA cases typically take 18-36 months from filing the administrative claim to resolution. The government has six months to respond to your administrative claim, and if denied, you can file a federal lawsuit. Complex wrongful death cases involving multiple medical issues may take longer to fully investigate and resolve.

National Guard medical facilities fall under federal jurisdiction when providing medical care, making them subject to FTCA claims rather than state medical malpractice law. The same two-year administrative filing requirement applies, and you would file your claim against the United States government rather than the state of Oregon.

While Oregon law (ORS 30.020) allows punitive damages in wrongful death cases, the Federal Tort Claims Act generally does not permit punitive damages against the government. Your recovery would be limited to compensatory damages for economic losses and pain and suffering, but these can still be substantial in wrongful death cases.

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

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

Oregon VA Malpractice Information

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

Other Oregon Case Types We Handle

• Oregon Surgical Errors Cases
• Oregon Emergency Room Errors Cases
• Oregon 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 Oregon dealing with the devastating loss of a loved one due to negligent medical care at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to seek compensation, but you must act within strict timeframes - you have two years from the date of the incident (or when you reasonably should have discovered the negligence) to file an administrative claim. Once you submit your claim, the federal agency has six months to respond before you can file a lawsuit in federal court.

Working with an attorney who is also a licensed medical doctor can significantly strengthen your case. These specialized professionals understand both the legal complexities of FTCA claims and the medical standards of care that should have been provided. They can effectively review medical records, identify deviations from accepted practices, and articulate how these failures led to your loved one's death. This dual expertise is particularly valuable when dealing with the VA system, where cases often involve complex medical scenarios and detailed documentation requirements.

Through an FTCA wrongful death claim, you may be able to recover various types of damages. These can include medical expenses incurred before death, funeral and burial costs, loss of financial support and benefits, and loss of companionship. In Oregon, you may also seek compensation for the pain and suffering your loved one experienced before death, as well as the emotional distress experienced by surviving family members. The specific amount depends on factors like the deceased's age, earning capacity, and life expectancy.

Don't navigate this challenging process alone. Our team of doctor-attorneys offers free, confidential case evaluations to veterans and military families throughout Oregon. We'll review your situation, explain your legal options, and help determine if you have a viable FTCA claim - all at no cost to you. Time is critical in these cases, so we encourage you to reach out as soon as possible to ensure your rights are protected and to begin the process of seeking justice for your loved one.

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

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