Pennsylvania VA & Military Medication Errors Malpractice Attorneys

Veterans and military families in Pennsylvania trust VA hospitals to safely manage medications. Unfortunately, medication errors at these federal facilities can result in serious injuries, adverse drug reactions, and even death. These mistakes are preventable and a breach of the medical standard of care.

At the Archuleta Law Firm, our founding attorney brings a unique perspective to medication error cases as both a licensed attorney and medical doctor. This dual expertise allows us to thoroughly understand the complex medical standards surrounding medication management and identify when negligence has occurred. We've recovered over $145 million for clients in Federal Tort Claims Act cases nationwide.

If you or a loved one suffered harm due to a medication error at a Pennsylvania VA medical center or military hospital, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand these rights and Pennsylvania's legal requirements to protect your family and hold the federal government accountable.

• Prescription of Wrong Medication: Healthcare providers who prescribe medications without verifying allergies or checking similar drug names can cause severe adverse reactions.

• Incorrect Dosage Calculations: Incorrect dosage calculations for elderly or impaired patients can cause toxic overdoses or treatment failures.

• Dangerous Drug Interactions: Failing to review a patient's medication list can cause dangerous interactions, especially for veterans taking multiple medications.

• Pharmacy Dispensing Errors: When hospital pharmacists fill prescriptions with the wrong medication, incorrect strength, or improper labeling, patients unknowingly take dangerous drugs that can cause serious harm or treatment failure.

• Administration Mistakes by Nursing Staff: Nurses not following medication protocols, such as verifying identity, checking dosages, or watching for reactions, can cause injuries.

• Inadequate Patient Monitoring: If providers don't follow up with blood tests or monitoring for medications, they can miss early signs of toxicity or reactions.

Our firm represents clients who suffered medication errors at major VA medical centers and military treatment facilities throughout Pennsylvania. These large healthcare systems manage thousands of prescriptions daily, creating multiple opportunities for dangerous mistakes.

Major facilities where we handle cases include:

• Philadelphia VA Medical Center - This large urban medical center serves thousands of veterans and manages complex medication regimens for patients with multiple chronic conditions.
• Pittsburgh VA Medical Center - As a major teaching hospital, this facility handles high-risk medications and serves veterans with complex medical needs requiring careful medication management.
• Wilkes-Barre VA Medical Center - This facility provides comprehensive care to veterans across northeastern Pennsylvania, including medication management for service-connected disabilities.
• Lebanon VA Medical Center - Serving south-central Pennsylvania veterans, this medical center manages medications for a diverse patient population with varying medical complexities.

View all Pennsylvania VA & Military Facilities

• You experienced unexpected severe side effects immediately after starting a new medication prescribed at a VA or military facility
• Hospital staff administered medication without verifying your identity or checking your medical bracelet
• You received a medication despite clearly documented allergies in your medical record
• Healthcare providers failed to monitor required blood levels for medications like warfarin, lithium, or digoxin
• You were prescribed multiple medications that are known to have dangerous interactions
• Pharmacy staff dispensed medication in wrong dosage strength or with incorrect labeling
• Your condition worsened significantly after medication changes, and providers failed to adjust treatment appropriately
• You discovered that prescribed medication dosages were inappropriate for your age, weight, or kidney function

Economic Damages

Medication error victims in Pennsylvania can recover specific financial losses including emergency room treatment costs for adverse drug reactions, intensive care unit expenses for medication overdoses, ongoing medical care for permanent organ damage caused by toxic medications, rehabilitation costs for neurological injuries from medication errors, lost wages during recovery and treatment periods, and reduced earning capacity if medication errors cause permanent disabilities affecting work performance.

Non-Economic Damages

Pennsylvania law allows recovery for pain and suffering endured during adverse drug reactions and subsequent treatment, emotional distress from experiencing life-threatening medication complications, loss of enjoyment of life activities due to permanent injuries caused by medication errors, and impact on family relationships and quality of life from ongoing medical complications.

Pennsylvania-Specific Considerations

Under Pennsylvania's Medical Care Availability and Reduction of Error Act (MCARE Act), damage awards in medical malpractice cases may be subject to certain limitations. However, FTCA claims against the federal government are governed by federal law rather than state damage caps. Pennsylvania courts apply the state's comparative negligence standard under 42 Pa.C.S. § 7102, meaning damages may be reduced if the patient's actions contributed to the medication error. The interaction between federal FTCA provisions and Pennsylvania state law creates complex legal considerations that require experienced legal representation to navigate effectively.

Statute of Limitations

The Federal Tort Claims Act requires all claims against the federal government to be filed within two years of discovery of the injury under 28 U.S.C. § 2401(b). Pennsylvania's discovery rule may apply in cases where medication errors and their resulting injuries were not immediately apparent, but the federal two-year deadline is strictly enforced by federal courts.

Expert Witness Requirements

Pennsylvania requires medical expert testimony in malpractice cases under Pa.R.C.P. 1042.3, and this requirement extends to FTCA medication error cases. Expert witnesses must be qualified in the same medical specialty and able to testify about the applicable standard of care for medication management. For medication error cases, this typically requires pharmacy experts, physicians familiar with the specific medications involved, or healthcare professionals experienced in medication safety protocols.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date you discovered or reasonably should have discovered the medication error and resulting injury to file your claim. This federal deadline applies to all claims against VA hospitals and military treatment facilities, regardless of Pennsylvania's state statute of limitations.

Pennsylvania medication error victims can recover both economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Unlike state medical malpractice cases, FTCA claims are not subject to Pennsylvania's damage caps under the MCARE Act, as federal law governs these cases.

Pennsylvania's MCARE Act damage limitations do not apply to FTCA cases against federal facilities. However, Pennsylvania's comparative negligence law under 42 Pa.C.S. § 7102 may reduce damages if your actions contributed to the medication error, such as failing to inform providers about known allergies.

You cannot sue individual military doctors or VA physicians personally due to federal immunity laws. Instead, you must file an FTCA claim against the United States government, which accepts liability for the negligent actions of its healthcare employees acting within their scope of employment.

Yes, Pennsylvania requires qualified medical expert testimony in malpractice cases under Pa.R.C.P. 1042.3. For medication error cases, you typically need experts in pharmacology, the relevant medical specialty, or medication safety who can testify about the standard of care that was violated.

FTCA medication error cases typically take 18-36 months to resolve, depending on the complexity of medical issues and the government's willingness to negotiate. Cases involving permanent injuries or significant damages may take longer, especially if they proceed to federal court trial.

Some VA and military healthcare services are provided by private contractors. If your medication error occurred at a contractor-operated facility providing federal healthcare services, you may still have an FTCA claim, but the legal analysis becomes more complex and requires careful investigation.

Yes, under Pennsylvania's Wrongful Death Act (42 Pa.C.S. § 8301) and the FTCA, surviving family members can file wrongful death claims when medication errors result in death at federal facilities. These cases must still be filed within the two-year FTCA deadline from the date of death or discovery of the negligence.

When you or a loved one has suffered wrong medication, incorrect dosage, dangerous drug interactions, and pharmacy errors at a Pennsylvania 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 Medication Errors 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 Medication Errors cases.

• Pennsylvania FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Pennsylvania 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 Pennsylvania, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Medication Errors takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered wrong medication, incorrect dosage, dangerous drug interactions, and pharmacy errors at a Pennsylvania 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 Pennsylvania Medication Errors victims. Our Pennsylvania Medication Errors 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 Pennsylvania 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.

Pennsylvania VA Malpractice Information

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

Other Pennsylvania Case Types We Handle

• Pennsylvania Surgical Errors Cases
• Pennsylvania Emergency Room Errors Cases
• Pennsylvania Brain Injury Cases

Medication Errors Resources

• Medication Errors Lawyers (Nationwide) - General Medication Errors 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 who has been harmed by a medication error at a VA facility in Pennsylvania, you have important legal rights under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines and procedures that must be followed precisely to protect your right to compensation.

You must file your FTCA claim within two years of when you discovered (or reasonably should have discovered) the medication error and resulting injury. The first step is filing an administrative claim using Standard Form 95 with the Department of Veterans Affairs. The VA then has six months to investigate and respond to your claim. Only after this administrative process can you file a federal lawsuit if necessary.

Having an attorney who is also a licensed medical doctor can be crucial for medication error cases. These cases require both legal expertise and deep medical knowledge to prove that the error violated the standard of care and directly caused your injuries. A doctor-attorney can quickly identify key medical issues, effectively analyze your medical records, and communicate complex medical concepts to judges and juries. This dual expertise is particularly valuable when challenging the VA's medical determinations or working with expert witnesses.

Through an FTCA claim, you may be able to recover various types of damages, including all past and future medical expenses related to the medication error, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. For surviving family members in wrongful death cases, additional damages may be available. Every case is unique, and the potential compensation depends on the specific circumstances and severity of harm.

Don't wait to explore your legal options. Many law firms that handle VA medication error cases offer free, confidential case evaluations to help you understand your rights and the strength of your potential claim. An experienced doctor-attorney can review your medical records, explain the FTCA process, and help determine the best path forward for you and your family. Remember, these cases have strict deadlines, so it's important to seek legal guidance as soon as you suspect a medication error has occurred.

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

• Pennsylvania Surgical Errors Cases
• Pennsylvania Emergency Room Errors Cases
• Pennsylvania Brain Injury Cases
• Pennsylvania Spinal Cord Injury Cases
• Pennsylvania Misdiagnosis Cases
• Pennsylvania Wrongful Death Cases