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Military & VA Medical Malpractice

Pennsylvania VA & Military Spinal Cord Injury Malpractice Attorneys

Experienced attorneys helping military families recover maximum compensation for spinal cord injury at Pennsylvania military hospitals.

$145M+
Recovered
25+
Years Experience
MD/JD
Doctor-Attorney
$0
Until We Win

Veterans and active-duty service members trust Pennsylvania VA medical centers and military hospitals to protect their spinal cord and nervous system. Unfortunately, medical negligence during surgery, emergency care, or routine procedures can result in devastating spinal cord injuries that cause paralysis and permanent disability.

Documented FTCA cases show spinal cord injuries at federal facilities typically cost over $2.3 million in lifetime medical expenses, including nursing care, equipment, and home modifications. At the Archuleta Law Firm, our founding attorney is a licensed attorney and medical doctor. This provides unique expertise in understanding medical standards of care and the legal complexities of Federal Tort Claims Act cases.

If you or a loved one suffered a spinal cord injury at a Pennsylvania VA or military facility due to medical negligence, the Federal Tort Claims Act (FTCA) gives you legal rights. These cases require specialized knowledge of federal law, medical standards, and the unique procedures for filing claims against the U.S. government.

What Causes Spinal Cord Injury at Pennsylvania Military & VA Hospitals?

  • Surgical Errors During Spinal Procedures: Improper technique during back surgery, incorrect placement of hardware, or damage to nerve roots can cause permanent paralysis. When surgeons fail to follow established protocols or operate outside their scope of expertise, preventable spinal cord damage may occur.

  • Delayed Diagnosis of Spinal Compression: Failure to promptly diagnose and treat conditions like spinal hematomas, abscesses, or tumors can lead to irreversible cord compression. Medical staff violate care standards when they ignore neurological symptoms or delay emergency imaging.

  • Medication Errors Affecting Spinal Function: Incorrect dosing of blood thinners can cause spinal bleeding, while improper anesthesia administration during procedures can result in positioning injuries or direct spinal trauma during intubation.

  • Emergency Room Mismanagement: Failure to properly immobilize trauma patients with suspected spinal injuries, or inadequate evaluation of neurological symptoms, can worsen existing spinal damage or create new injuries through improper handling.

  • Post-Operative Monitoring Failures: Poor post-surgical monitoring can miss critical complications like bleeding or infection, leading to preventable progressive paralysis.

  • Improper Patient Positioning: During lengthy surgeries or procedures, failure to properly position patients can cause pressure injuries to the spine or nerve compression, particularly in elderly patients or those with existing spinal conditions.

Pennsylvania Facilities Where We Handle Spinal Cord Injury Cases

Our firm represents spinal cord injury victims at major federal medical facilities throughout Pennsylvania where complex surgical procedures and emergency care are provided.

Philadelphia VA Medical Center - This major medical center performs numerous spinal surgeries and treats trauma patients, creating risk for surgical errors and emergency care negligence that can cause spinal cord damage.

Coatesville VA Medical Center - Providing comprehensive medical services including surgical procedures, this facility sees cases involving post-operative complications and monitoring failures that can lead to spinal cord injuries.

Wilkes-Barre VA Medical Center - This facility's emergency department and surgical services have been involved in cases where delayed diagnosis or improper treatment resulted in preventable spinal cord damage.

Naval Support Activity Philadelphia - Military personnel and their families receive care at this facility, where emergency treatment and routine procedures can sometimes result in spinal cord injuries due to medical negligence.

View all Pennsylvania VA & Military Facilities

Warning Signs of Spinal Cord Injury Medical Malpractice

  • Your spinal cord injury occurred during a routine procedure that should not have posed significant risk to your spine
  • Medical staff failed to perform proper neurological assessments before, during, or after treatment
  • You experienced new or worsening paralysis after surgery that was not explained as a known risk
  • Doctors delayed ordering MRI or CT scans despite obvious neurological symptoms like weakness or numbness
  • Your injury resulted from improper positioning during surgery or failure to use appropriate spinal precautions
  • Medical records show confusion about your case, missed diagnoses, or failure to follow established protocols
  • You developed spinal complications that went unrecognized for hours or days despite clear warning signs

Damages Available in Pennsylvania Spinal Cord Injury Cases

Economic Damages

Pennsylvania law allows you to recover substantial economic damages for spinal cord injuries, which often require lifetime medical care. Documented FTCA cases have awarded compensation for one-time medical needs exceeding $51,000, future medical care costs of $150,000 or more, and long-term nursing and household services exceeding $2.1 million. Other recoverable economic damages include specialized medical equipment like wheelchairs and mobility devices, home and vehicle modifications for accessibility, lost wages and diminished earning capacity, and ongoing rehabilitation and physical therapy costs.

Non-Economic Damages

Spinal cord injury victims can also recover compensation for pain and suffering, loss of enjoyment of life activities and hobbies, emotional distress and depression, loss of companionship and consortium, and the psychological impact of permanent disability and lifestyle changes.

Pennsylvania-Specific Considerations

Under Pennsylvania law, there are no statutory caps on non-economic damages in medical malpractice cases, allowing full compensation for pain and suffering. Pennsylvania's serious injury exception under limited tort coverage typically applies to spinal cord injuries because they seriously impair bodily function under Pennsylvania law (75 Pa.C.S. § 1705). Because FTCA claims are filed in federal court, Pennsylvania's damage limitations generally do not restrict recovery, though federal law governs the claims process.

Statute of Limitations: The Federal Tort Claims Act requires filing an administrative claim within two years of the date of injury or discovery (28 U.S.C. § 2401). Pennsylvania's discovery rule may extend this deadline in cases where the full extent of spinal cord damage was not immediately apparent, but the federal two-year requirement remains strict and absolute.

Expert Witness Requirements: Pennsylvania requires medical expert testimony in malpractice cases involving complex medical procedures. For spinal cord injury cases, this typically means testimony from neurologists, orthopedic surgeons, or other specialists familiar with spinal care standards. The expert must be qualified in the same specialty as the defendant physician and familiar with the applicable standard of care.

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

Frequently Asked Questions: Pennsylvania Spinal Cord Injury Cases

What is the statute of limitations for spinal cord injury claims in Pennsylvania?

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date of injury to file an administrative claim with the appropriate federal agency. This deadline is strict and cannot be extended, making prompt action essential for preserving your legal rights.

What damages can I recover for a spinal cord injury in Pennsylvania?

Pennsylvania allows recovery of both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). Pennsylvania does not cap non-economic damages in medical malpractice cases, allowing full compensation for your suffering and lifestyle changes.

How do Pennsylvania damage caps affect spinal cord injury cases?

Pennsylvania does not impose statutory caps on medical malpractice damages, which benefits spinal cord injury victims who often face millions in lifetime medical costs. Since FTCA claims are filed in federal court, state damage limitations typically do not restrict recovery amounts.

Can I sue a military doctor for spinal cord injury in Pennsylvania?

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by federal employees acting within their official duties. This includes military doctors, VA physicians, and other federal medical staff.

Do I need a Pennsylvania medical expert for my spinal cord injury case?

Yes, Pennsylvania requires qualified medical expert testimony in malpractice cases. For spinal cord injuries, experts typically include neurologists, neurosurgeons, or orthopedic specialists who can testify about the applicable standard of care and how it was violated.

How long does a Pennsylvania spinal cord injury case take?

FTCA cases typically take 18-36 months to resolve, beginning with the mandatory administrative claim process. Complex spinal cord injury cases may take longer due to the need for extensive medical documentation and expert testimony about long-term care needs.

What if my spinal cord injury symptoms developed gradually after treatment?

Pennsylvania's discovery rule may apply if your spinal cord damage was not immediately apparent after the negligent treatment. However, the FTCA's two-year administrative filing deadline still applies from the date you knew or should have known about the injury and its connection to the medical care.

Can family members recover damages for my spinal cord injury?

Yes, spouses and family members may recover damages for loss of consortium, loss of services, and the emotional impact of your injury. Pennsylvania recognizes these derivative claims when the primary victim suffers serious injuries like spinal cord damage.

Why Choose the Archuleta Law Firm for Your Pennsylvania Spinal Cord Injury Case?

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence 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 Spinal Cord Injury 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 Spinal Cord Injury 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 Spinal Cord Injury takes on families. Our team is here to support you through every step of the legal process.

Free Case Evaluation: Pennsylvania Spinal Cord Injury Cases

If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence 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 Spinal Cord Injury victims. Our Pennsylvania Spinal Cord Injury 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.

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Understanding Your FTCA Rights

If you're a veteran or military family member dealing with a spinal cord injury from medical care at a VA facility in Pennsylvania, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at a federal facility causes injury, but you must act within strict timeframes.

You have two years from the date you discovered (or reasonably should have discovered) your injury to file an administrative claim using Standard Form 95. Once you submit this claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit. Missing these deadlines can permanently bar your claim, so it's essential to seek legal counsel promptly.

Having an attorney who is also a licensed physician can be invaluable in spinal cord injury cases. These cases involve complex medical evidence and require detailed understanding of proper medical procedures, spinal anatomy, and the standard of care. A doctor-attorney can better identify where treatment fell below acceptable standards and more effectively communicate with your medical experts to build a stronger case.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, home modifications, specialized medical equipment, and compensation for pain and suffering. For spinal cord injuries, which often require lifetime care, these damages can be substantial. You may also recover compensation for your family members' loss of support and services.

If you or a family member suffered a spinal cord injury while receiving care at a VA facility in Pennsylvania, you can contact our office for a free, confidential case evaluation. Our team includes both medical and legal professionals who understand the unique challenges veterans face in these cases. We can review your medical records, explain your rights, and help determine if you have a valid FTCA claim - all at no cost to you. Remember, understanding your rights and acting promptly can make a crucial difference in protecting your future medical care and financial security.

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

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Why Choose Our Firm

  • Doctor-Attorney on staff (MD/JD)
  • $145M+ recovered for clients
  • 25+ years of experience
  • No fee unless we win
  • Nationwide FTCA practice
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