The Wilkes-Barre VA Medical Center serves as a vital healthcare facility for veterans across northeastern and central Pennsylvania. As a complexity level 1C VA teaching hospital, it provides comprehensive medical services through its main campus and seven community-based outpatient clinics, serving veterans from 18 counties in Pennsylvania and southern New York State.
While the facility offers extensive specialty care including cardiology, oncology, surgery, and mental health services, medical errors and negligent care can still occur. When veterans suffer harm due to substandard medical care at this facility, they have legal rights under the Federal Tort Claims Act (FTCA) to seek compensation for their injuries.
Our firm's founder, a licensed physician and attorney, brings unique medical and legal expertise to VA medical malpractice cases. This doctor-attorney perspective allows us to thoroughly evaluate the complex medical issues involved in claims against the Wilkes-Barre VA Medical Center while navigating the specialized federal laws governing VA hospital litigation.
About Wilkes-Barre VA Medical Center
The Wilkes-Barre VA Medical Center operates as a comprehensive healthcare facility with 45 hospital beds, 10 ICU beds, and 105 community living center beds. The medical center provides both primary care and specialized medical services across multiple departments including surgery, cardiology, oncology, nephrology, neurology, and mental health care.
The facility serves as a critical healthcare resource for veterans throughout northeastern Pennsylvania, offering specialized programs such as blind rehabilitation services, healthcare for homeless veterans, PTSD treatment, and dedicated women's health services. Its hemodialysis program has consistently performed above standard since 2014, demonstrating the facility's capability for excellence in specialized care.
The medical center provides accessible care through seven community-based outpatient clinics in Allentown, Sayre, Williamsport, and other locations. This extensive service network makes the facility a cornerstone of VA healthcare delivery in Pennsylvania.
Common Types of Malpractice at Wilkes-Barre VA Medical Center
Surgical Errors: With its active surgical department performing general and bariatric procedures, surgical mistakes can occur due to improper technique, wrong-site surgery, or post-operative complications. VA staffing challenges and scheduling pressures may increase these risks. Learn more about surgical malpractice claims →
Diagnostic Errors: Missed or delayed diagnoses commonly occur in specialty departments like cardiology, oncology, and neurology. VA system delays in scheduling specialist consultations often contribute to these errors. Learn more about misdiagnosis claims →
Medication Errors: Veterans with complex medication needs, especially for mental health and pain management, face a higher risk of medication errors. These can include incorrect dosing, harmful drug interactions, or failure to monitor for adverse effects.
Treatment Delays: With the facility serving 18 counties, veterans may experience harmful delays in receiving critical care. This is particularly concerning in time-sensitive conditions like cardiac events or cancer diagnosis. Learn more about delayed treatment claims →
Filing an FTCA Claim Against Wilkes-Barre VA Medical Center
Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing litigation against the Wilkes-Barre VA Medical Center. This claim is filed using Standard Form 95 (SF-95) and must detail the specific acts of negligence and resulting damages.
The FTCA imposes strict deadlines for filing claims. Veterans must submit their administrative claim within two years of discovering their injury. The VA then has six months to review and respond to the claim. If the claim is denied or the review period expires, veterans have six months to file a federal lawsuit.
It's critical to understand that VA healthcare providers cannot be sued directly - the claim must be brought against the United States government through the FTCA process. Additionally, specific documentation requirements and jurisdictional rules apply to claims involving the Wilkes-Barre VA Medical Center.
For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Pennsylvania →
Pennsylvania Legal Considerations for Wilkes-Barre VA Medical Center Claims
Pennsylvania's standard medical malpractice statute of limitations (40 P.S. § 1303.513) does not apply to FTCA claims against the Wilkes-Barre VA Medical Center. Instead, federal law governs these cases exclusively. However, Pennsylvania state law may still influence how damages are calculated in FTCA cases, though federal damage caps may apply.
How do I file a malpractice claim against Wilkes-Barre VA Medical Center?
You must first file an administrative claim using Standard Form 95 with the VA. Our doctor-attorney team can help properly document your injury and navigate the FTCA claims process.
What is the deadline for filing a claim against Wilkes-Barre VA Medical Center?
You have two years from the date you discovered your injury to file an administrative claim. Missing this deadline can permanently bar your right to compensation.
Can I sue Wilkes-Barre VA Medical Center directly?
No, you cannot sue the medical center or its employees directly. Claims must be brought against the United States government through the FTCA process.
What damages can I recover for malpractice at Wilkes-Barre VA Medical Center?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to your injury. Under the FTCA, punitive damages cannot be awarded.
Do I need a Pennsylvania attorney for my Wilkes-Barre VA Medical Center claim?
While not required, having an attorney experienced in both VA medical malpractice and FTCA claims is highly recommended. Our firm handles cases nationwide and has recovered over $145 million for injured veterans.
How long does the claims process take at Wilkes-Barre VA Medical Center?
The VA has 6 months to review your administrative claim. If denied or no response is received, you then have 6 months to file a federal lawsuit. The total timeline varies but typically takes 1-2 years or longer.
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 malpractice at the Wilkes-Barre VA Medical Center, you need to understand that filing a Federal Tort Claims Act (FTCA) claim follows strict rules and deadlines. As a veteran or military family member, you have two years from the date of injury or when you reasonably should have discovered the injury to file your claim. This is done by submitting Standard Form 95 to the Department of Veterans Affairs.
Once you've filed your claim, the VA has six months to investigate and respond. During this time, they may offer to settle your claim or deny it entirely. If they deny your claim or the six months pass without a response, you then have the right to file a federal lawsuit.
For VA medical malpractice cases in Wilkes-Barre, working with an attorney who is also a medical doctor can be crucial to your success. These specialized doctor-attorneys understand both the complex medical issues involved and the specific legal requirements of FTCA claims. They can accurately identify where the VA's care fell below acceptable standards and effectively communicate these failures to the court.
Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. If you're a veteran who's been disabled due to medical negligence, you might also be entitled to compensation for long-term care needs and modifications to your home or vehicle.
Given the complexity of these cases and the strict deadlines involved, it's important not to delay in seeking legal guidance. Many attorneys who handle VA medical malpractice cases offer free initial case evaluations, allowing you to understand your rights and options without any financial commitment. During this evaluation, they can review your medical records, assess the strength of your case, and explain how they can help you navigate the FTCA process.
If you believe you or a family member has been harmed by medical negligence at the Wilkes-Barre VA Medical Center, consider reaching out for a free case evaluation today. The sooner you act, the better positioned you'll be to protect your rights and pursue the compensation you deserve.
Related Case Types in Pennsylvania
We handle various types of VA and military medical malpractice cases in Pennsylvania:
Why Choose the Archuleta Law Firm
Unparalleled expertise for your Wilkes-Barre VA Medical Center claim
- 🩺Doctor-Attorney on Staff
Our founder is both a licensed attorney and a medical doctor (MD/JD), providing critical insight into what constitutes malpractice at Wilkes-Barre VA Medical Center.
- ⚖️Exclusive FTCA Focus
We specialize exclusively in military and VA medical malpractice, handling Federal Tort Claims Act cases against facilities like Wilkes-Barre VA Medical Center across all 50 states.
- 💰Proven Track Record
With over $145 million recovered for military and VA medical malpractice victims nationwide, we have the experience to handle your case.
- 📅25+ 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.
- 🤝No Fee Unless We Win
We operate on a contingency fee basis—you pay nothing unless we recover compensation for you.
Free Case Evaluation
Wilkes-Barre VA Medical Center Malpractice Claim
If you or a loved one suffered harm due to medical negligence at Wilkes-Barre VA Medical Center in Wilkes-Barre, 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 Wilkes-Barre VA Medical Center medical records at no cost
- Explain how the FTCA process applies to claims against Wilkes-Barre 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 Wilkes-Barre VA Medical Center.