Pennsylvania VA & Military Surgical Errors Malpractice Attorneys

Pennsylvania veterans and military families deserve the same surgical care standards at VA and military hospitals as civilian facilities. Unfortunately, surgical errors at federal medical facilities can result in devastating complications, permanent disabilities, and even death—consequences that could have been prevented with proper medical care.

Surgical errors are a serious form of medical malpractice; studies show that preventable surgical mistakes occur in about 1 in 300 operations nationwide. Our founding attorney's dual MD/JD credentials provide unique insight into surgical standards of care and violations in your case.

If you or a loved one was harmed by a surgical error at a Pennsylvania VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). These federal claims require specialized knowledge of medical standards and federal law, so experienced FTCA representation is essential to protect your rights and secure fair compensation.

• Wrong-Site Surgery: Operating on the incorrect body part, organ, or side of the body represents a fundamental breach of surgical protocols and is considered a "never event" that should never occur with proper safety measures.

• Retained Surgical Instruments: Leaving surgical sponges, clamps, or other instruments inside a patient's body violates surgical counting procedures and can lead to serious infections, internal injuries, and more surgeries.

• Anesthesia Errors: Administering incorrect dosages, failing to monitor vital signs, or neglecting patient allergies during anesthesia can result in brain damage, cardiac arrest, or death due to inadequate airway management.

• Inadequate Surgical Planning: Failing to review a patient's medical history, imaging studies, or surgical plans before an operation demonstrates negligent preparation that can lead to unnecessary complications and injuries.

• Post-Operative Care Failures: Neglecting to monitor patients for signs of infection, bleeding, or other complications after surgery violates the standard of care and can allow treatable conditions to become life-threatening.

• Communication Breakdowns: Poor communication between surgical team members, failure to conduct proper timeouts, or inadequate handoffs between shifts can result in critical errors that harm patients.

Our firm represents surgical error victims at major VA medical centers and military hospitals throughout Pennsylvania, where complex surgical procedures are performed daily and the potential for negligent care exists.

VA Pittsburgh Healthcare System (Pittsburgh) - This major medical center performs thousands of surgical procedures annually, and the high volume combined with staffing challenges can contribute to surgical errors and patient safety incidents.

Corpsman Medical Center (Coatesville) - As a specialized VA facility providing extended care services, surgical complications here often involve patients with complex medical conditions requiring heightened attention to surgical protocols.

Naval Support Activity Philadelphia - Military personnel and their families receive surgical care at this facility, where the unique pressures of military medicine can sometimes compromise patient safety standards.

Willow Grove Naval Air Station Medical Facility - This military treatment facility handles both routine and emergency surgical procedures, where time pressures and resource limitations may contribute to preventable surgical errors.

View all Pennsylvania VA & Military Facilities

• Unexpected complications that were not discussed as reasonable risks before surgery
• Surgery performed on the wrong body part, wrong side, or wrong patient entirely
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body
• Severe infections that develop after surgery due to unsanitary conditions or improper technique
• Nerve damage or paralysis that was not an expected risk of your specific procedure
• Excessive bleeding during or after surgery that required emergency intervention
• Anesthesia awareness (being conscious during surgery) or anesthesia-related complications
• Need for additional surgeries to correct mistakes made during the original procedure
• Significant worsening of your condition after what should have been a routine surgery

Economic Damages

Pennsylvania surgical error victims can recover compensation for all financial losses directly caused by medical negligence, including lifetime medical care costs for corrective surgeries and ongoing treatment. Economic damages also cover lost wages, reduced earning capacity, medical equipment, home modifications, rehabilitation expenses, and transportation costs for specialized care.

Non-Economic Damages

Beyond financial losses, surgical error victims endure significant personal suffering that deserves compensation. Pain and suffering damages account for physical discomfort, emotional trauma, and reduced quality of life caused by the negligent surgery. Loss of enjoyment of life compensation addresses activities and hobbies you can no longer participate in due to your injuries. Emotional distress damages recognize the psychological impact of surgical trauma, including anxiety, depression, and post-traumatic stress that often accompany serious medical errors.

Pennsylvania-Specific Considerations

Under Pennsylvania law, medical malpractice cases are generally subject to damage caps, but FTCA claims against federal facilities follow federal law rather than state limitations. Pennsylvania's Medical Care Availability and Reduction of Error (MCARE) Act establishes specific procedures for civilian malpractice cases, but these state requirements do not apply to federal FTCA claims. However, Pennsylvania's two-year statute of limitations for medical malpractice claims may influence the timing of your federal claim, making prompt legal action essential to preserve your rights.

### Statute of Limitations

The Federal Tort Claims Act requires all claims against the U.S. government to be filed within two years of discovery of the injury and its connection to government negligence (28 U.S.C. § 2401). Pennsylvania's discovery rule may provide additional protection by extending this deadline if the surgical error was not immediately apparent, such as with retained surgical instruments discovered months or years later. However, federal courts strictly enforce FTCA deadlines, making immediate legal consultation crucial after discovering any surgical error.

### Expert Witness Requirements

Pennsylvania requires medical expert testimony in malpractice cases to establish the applicable standard of care and prove negligence occurred. For surgical error cases, this typically means securing testimony from board-certified surgeons in the same specialty who can explain how the defendant's actions fell below accepted medical standards. Our firm's medical doctor founder provides invaluable expertise in identifying the right experts and understanding the complex medical issues that determine case success.

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

FTCA claims must be filed within two years of discovering the surgical error and its connection to government negligence (28 U.S.C. § 2401). Pennsylvania's discovery rule may extend this deadline for hidden injuries like retained surgical instruments, but federal courts strictly enforce these deadlines.

You can recover economic damages including medical expenses, lost wages, and future care costs, plus non-economic damages for pain and suffering. Unlike Pennsylvania civilian cases, FTCA claims follow federal law and are not subject to state damage caps.

Pennsylvania's MCARE Act damage caps do not apply to FTCA claims against federal facilities. Your case follows federal law, which generally allows full compensation for all proven damages without artificial limitations.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligent care at military medical facilities. The government becomes liable for its employees' negligent actions.

Yes, surgical error cases require expert testimony to prove negligence and establish the proper standard of care. Our firm works with board-certified surgical specialists who can provide compelling testimony about how your care fell below accepted medical standards.

FTCA cases typically take 18-36 months from filing to resolution, depending on case complexity and the government's willingness to negotiate. Cases involving severe injuries or clear liability may settle faster, while complex surgical error cases may require more extensive litigation.

The FTCA's two-year statute of limitations may still allow your claim if the surgical error was recently discovered. Retained surgical instruments, for example, are often found years after the original surgery, potentially extending your filing deadline under the discovery rule.

Yes, surviving family members can file wrongful death claims under the FTCA for surgical errors that result in death. These claims can include compensation for loss of financial support, loss of companionship, and funeral expenses.

When you or a loved one has suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications 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 Surgical 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 Surgical 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 Surgical 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-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications 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 Surgical Errors victims. Our Pennsylvania Surgical 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 Emergency Room Errors Cases
• Pennsylvania Brain Injury Cases
• Pennsylvania Spinal Cord Injury Cases

Surgical Errors Resources

• Surgical Errors Lawyers (Nationwide) - General Surgical 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 experienced a surgical error 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 VA facility has caused harm, but you must follow specific procedures and timelines.

You have two years from the date of the surgical error to file an administrative claim with the VA using Standard Form 95. This initial filing is mandatory before any lawsuit can proceed. Once you submit your claim, the VA has six months to investigate and respond. If the VA denies your claim or fails to respond within six months, you then have six months to file a federal lawsuit. Missing these deadlines can permanently bar your right to compensation.

Having an attorney who is also a medical doctor can be invaluable in surgical error cases. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their dual expertise allows them to build stronger cases by combining legal strategy with medical knowledge, particularly important when dealing with complicated surgical procedures and their outcomes.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages, and compensation for pain and suffering. If you're unable to return to work due to the surgical error, you can claim loss of earning capacity. Family members may also be entitled to compensation for loss of support and services. Unlike private medical malpractice cases, FTCA claims have no caps on damages in Pennsylvania.

Don't navigate this complex process alone. Our team offers free, confidential case evaluations to veterans and military families affected by surgical errors. We can review your medical records, explain your rights, and help determine if you have a viable claim. Remember, there are no upfront costs, and you only pay if we win your case. Contact us today to ensure your rights are protected and to get the compensation you deserve for the harm you've experienced at a VA facility.

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

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