Erie VA Medical Center serves as a critical healthcare facility for veterans in northwestern Pennsylvania, providing comprehensive medical services to over 22,000 veterans annually. As a tertiary care facility, it offers a wide range of specialized services including surgery, cardiology, cancer care, and mental health treatment through both inpatient and outpatient programs.
Medical errors and negligence can occur despite the facility's high care standards. Veterans harmed by poor care at Erie VA Medical Center can seek compensation under the Federal Tort Claims Act (FTCA). However, these cases require specialized knowledge of both medicine and federal law.
At Archuleta Law Firm, our unique combination of medical and legal expertise sets us apart. Led by a physician-attorney who understands both the clinical and legal aspects of VA medical malpractice, we have recovered over $145 million for veterans harmed by negligent care at VA facilities nationwide.
About Erie VA Medical Center
Erie VA Medical Center offers comprehensive inpatient and outpatient services to veterans in northwestern Pennsylvania. The medical center has 45 acute care beds, 39 Community Living Center beds, and 36 beds in its Psychosocial Residential Rehabilitation Treatment Program. In fiscal year 2022, the facility handled over 276,000 outpatient visits and performed nearly 1,600 surgical procedures.
The facility offers specialized services including audiology, cancer care, cardiology, dental care, and dermatology. Its Behavioral Health Clinic has earned recognition for outstanding implementation of mental health and substance use disorder recovery programs. The medical center has also embraced modern healthcare delivery methods, conducting over 32,000 telehealth encounters annually to serve veterans in remote areas.
Erie VAMC plays a vital role in Pennsylvania's VA healthcare network, serving veterans across multiple counties through affiliated clinics in Venango, Allegheny, Warren, and McKean counties. Recent facility upgrades, such as the new Venango County clinic, show their commitment to expanding veteran access to care.
Common Types of Malpractice at Erie VA Medical Center
Surgical Errors: With nearly 1,600 surgical procedures performed annually at Erie VAMC, surgical mistakes can occur due to improper technique, wrong-site surgery, or post-operative complications. VA hospitals often face challenges with surgical scheduling and staffing that can increase error risks. Learn more about surgical malpractice claims β
Diagnostic Errors: Delayed or missed diagnoses, particularly in cancer and cardiac cases, can have devastating consequences. VA system limitations in specialist access and diagnostic testing can contribute to these errors. Learn more about misdiagnosis claims β
Mental Health Treatment Errors: Because Erie VAMC offers significant mental health services, errors can occur in psychiatric care, medication management, or suicide risk assessment. These cases often involve issues with monitoring and follow-up care.
Medication Errors: Problems with medication dosing, drug interactions, or pharmacy dispensing errors can cause serious harm. VA electronic health record systems and staffing challenges can contribute to medication mistakes.
Hospital-Acquired Infections: Preventable infections due to inadequate sanitation or post-surgical care protocols can lead to serious complications. VA facilities must maintain strict infection control standards.
Filing an FTCA Claim Against Erie VA Medical Center
Under the Federal Tort Claims Act (28 U.S.C. Β§ 2675), veterans must first file an administrative claim before pursuing litigation against Erie VA Medical Center. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office, detailing the negligent care and resulting damages.
The administrative claim must be filed within two years of when the malpractice was discovered or should have been discovered. Once filed, the VA has six months to investigate and respond to the claim. If the claim is denied or the six-month period expires without a decision, you have six months to file a federal lawsuit.
Veterans must file claims against the United States government through the FTCA process, not against VA employees directly. FTCA cases require an experienced federal tort claims attorney due to their complex jurisdictional and procedural requirements.
For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Pennsylvania β
Pennsylvania Legal Considerations for Erie VA Medical Center Claims
Pennsylvania's standard medical malpractice statute of limitations is two years (42 Pa.C.S. Β§ 5524). However, FTCA claims follow federal deadlines regardless of state law. While Pennsylvania has no damage caps for medical malpractice cases, FTCA claims are subject to federal limitations on certain types of damages.
Other VA & Military Facilities in Pennsylvania
We also handle medical malpractice cases at these Pennsylvania facilities:
Understanding Your FTCA Rights
If you've experienced medical negligence at the Erie VA Medical Center in Erie, Pennsylvania, you have the right to pursue a claim under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines and procedures that must be followed precisely. You must file your administrative claim within two years of when you knew or should have known about the malpractice. This is done by submitting Standard Form 95 to the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim.
Having an attorney who is also a medical doctor can be crucial for VA medical malpractice cases in Erie. These specialized professionals understand both the complex medical issues and the specific legal requirements for FTCA claims. They can effectively review your medical records, identify deviations from the standard of care, and explain complicated medical concepts to judges and jury members. This dual expertise is particularly valuable when dealing with the VA system, which has its own unique procedures and standards.
Through an FTCA claim against the Erie VA Medical Center, you may be able to recover various types of damages. These can include past and future medical expenses, lost wages and reduced earning capacity, and compensation for pain and suffering. If a veteran has died due to medical negligence, their family may be able to pursue wrongful death damages. Unlike private medical malpractice cases, FTCA claims do not allow for punitive damages.
If you or a family member has experienced potentially negligent care at the Erie VA Medical Center, it's important to have your case evaluated promptly to protect your legal rights. Many law firms that specialize in VA medical malpractice offer free initial consultations to review your situation and explain your options. During this evaluation, they can help determine if you have a viable claim and explain the process of pursuing compensation through the FTCA. Don't delay in seeking legal guidance, as waiting too long could prevent you from receiving the compensation you deserve for medical negligence at the VA.
Related Case Types in Pennsylvania
We handle various types of VA and military medical malpractice cases in Pennsylvania:
Frequently Asked Questions
Erie VA Medical Center Malpractice Claims
01How do I file a malpractice claim against Erie VA Medical Center?
How do I file a malpractice claim against Erie VA Medical Center?
You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel office. This claim must detail the negligent care received and damages sought. The VA has six months to review before you can file a federal lawsuit.
02What is the deadline for filing a claim against Erie VA Medical Center?
What is the deadline for filing a claim against Erie VA Medical Center?
You have two years from when you discovered (or should have discovered) the malpractice to file your administrative claim. Missing this deadline typically bars you from pursuing compensation.
03Can I sue Erie VA Medical Center directly?
Can I sue Erie VA Medical Center directly?
No, you cannot sue the facility or its employees directly. Claims must be brought against the United States government through the Federal Tort Claims Act process.
04What damages can I recover for malpractice at Erie VA Medical Center?
What damages can I recover for malpractice at Erie VA Medical Center?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and future care needs. However, FTCA claims have certain restrictions on punitive damages and other compensation types.
05Do I need a Pennsylvania attorney for my Erie VA Medical Center claim?
Do I need a Pennsylvania attorney for my Erie VA Medical Center claim?
While not required, working with an attorney experienced in both VA medical malpractice and FTCA claims significantly improves your chances of success. These cases involve complex federal laws and procedures.
06How long does an Erie VA Medical Center malpractice claim take?
How long does an Erie VA Medical Center malpractice claim take?
The process typically takes 1-2 years or longer, including the mandatory six-month VA review period and potential federal court litigation if a settlement isn't reached during administrative review.
Have more questions? Contact us or call 1-800-798-9529
Why Choose the Archuleta Law Firm
Unparalleled expertise for your Erie VA Medical Center claim
- π©ΊDoctor-Attorney on Staff
Our founder is both a licensed attorney and a medical doctor (MD/JD), providing critical insight into what constitutes malpractice at Erie VA Medical Center.
- βοΈExclusive FTCA Focus
We specialize exclusively in military and VA medical malpractice, handling Federal Tort Claims Act cases against facilities like Erie VA Medical Center across all 50 states.
- π°Proven Track Record
With over $145 million recovered for military and VA medical malpractice victims nationwide, we have the experience to handle your case.
- π25+ Years of Experience
Our firm brings decades of experience to every case, understanding the nuances of federal litigation and the specific challenges of suing federal facilities.
- π€No Fee Unless We Win
We operate on a contingency fee basisβyou pay nothing unless we recover compensation for you.
Free Case Evaluation
Erie VA Medical Center Malpractice Claim
If you or a loved one suffered harm due to medical negligence at Erie VA Medical Center in Erie, Pennsylvania, you may have a right to seek compensation under the Federal Tort Claims Act.
The Archuleta Law Firm offers a free, confidential case evaluation to help you understand your legal options:
- Review your Erie VA Medical Center medical records at no cost
- Explain how the FTCA process applies to claims against Erie VA Medical Center
- Assess the potential value of your case
- Answer all your questions without obligation
Don't Delay
Strict federal deadlines apply to claims against Erie VA Medical Center.