Pennsylvania VA & Military Wrongful Death Malpractice Attorneys

Veterans and military families trust Pennsylvania's VA medical centers and military hospitals to provide life-saving treatment. Tragically, medical negligence and preventable errors at federal facilities can result in wrongful death, leaving families devastated and searching for answers.

The Federal Tort Claims Act allows families to seek justice when negligence at VA and military hospitals leads to preventable death. Our founding attorney is a licensed doctor, combining legal expertise with medical training, offering unique insight into complex medical cases. We understand the medical and legal complexities of wrongful death cases, with over $145 million recovered for clients and 25+ years of experience handling FTCA claims.

The Federal Tort Claims Act (FTCA) protects your legal rights when medical negligence at a PA VA facility causes a death. To protect your family's future, understand these rights and Pennsylvania's specific laws governing wrongful death claims.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss critical symptoms of heart attacks, strokes, sepsis, or cancer, delayed treatment can result in preventable death. Emergency departments must follow established protocols for rapid diagnosis and treatment.

• Medication Errors and Drug Interactions: Administering incorrect medications, wrong dosages, or failing to check for dangerous drug interactions can cause fatal reactions. Pharmacy and nursing protocols exist specifically to prevent these deadly errors.

• Surgical Complications and Errors: Operating on wrong body parts, leaving surgical instruments inside patients, or failing to properly monitor patients during surgery can lead to fatal complications and violate accepted surgical standards.

• Post-Operative Neglect: Failing to monitor patients after surgery, missing signs of infection, or inadequate pain management can result in complications that become fatal if not properly addressed.

• Emergency Room Delays: Triage errors, understaffing, or failure to recognize medical emergencies can cause critical delays in treatment that result in preventable death.

• Inadequate Monitoring of High-Risk Patients: Patients with serious conditions require constant monitoring. Failure to properly supervise critically ill patients or respond to deteriorating vital signs can be fatal.

We represent families who have lost loved ones due to medical negligence at major federal medical facilities throughout Pennsylvania. Our experience includes cases at both VA medical centers and military treatment facilities where systemic issues or individual negligence led to preventable deaths.

Major facilities where wrongful death cases may arise include:

• VA Pittsburgh Healthcare System, Pittsburgh: As one of Pennsylvania's largest VA medical centers, this facility handles complex cases where diagnostic errors or treatment delays can prove fatal.

• Philadelphia VA Medical Center, Philadelphia: This major urban medical center treats high volumes of veterans, where emergency department errors and surgical complications may result in wrongful death.

• Wilkes-Barre VA Medical Center, Wilkes-Barre: Serving northeastern Pennsylvania veterans, this facility handles both routine and emergency care where medication errors or monitoring failures can be deadly.

View all Pennsylvania VA & Military Facilities

• Sudden, unexpected death during routine medical procedures or treatments
• Death following repeated misdiagnoses or delayed diagnosis of serious conditions
• Fatal complications after surgery that were not explained as significant risks
• Death occurring after medication errors, wrong dosages, or dangerous drug interactions
• Preventable death due to inadequate monitoring in intensive care or post-operative settings
• Fatal delays in emergency treatment despite clear symptoms of life-threatening conditions
• Death following discharge when symptoms clearly indicated the need for continued hospitalization

Economic Damages

Under Pennsylvania law, families may recover specific economic losses resulting from wrongful death:

• Lost lifetime earnings: Calculation of wages, salary, and benefits the deceased would have earned through retirement
• Medical and funeral expenses: All reasonable costs related to final illness and burial arrangements
• Pension and retirement benefits: Lost Social Security, military retirement, and employer-provided benefits
• Healthcare benefits: Value of medical insurance and healthcare coverage the deceased provided
• Educational support: Costs for children's education the deceased would have funded
• Household services: Economic value of services like childcare, home maintenance, and domestic duties

Non-Economic Damages

Pennsylvania recognizes several forms of non-economic compensation for surviving family members:

• Loss of consortium: Compensation for surviving spouses for loss of companionship and marital relationship
• Loss of parental guidance: Compensation for children who lost a parent's care, training, and guidance
• Emotional distress: Psychological impact and grief suffered by immediate family members
• Loss of protection and security: The intangible benefits of having a family provider and protector

Pennsylvania-Specific Considerations

Under Pennsylvania's wrongful death statute (42 Pa.C.S.A. § 8301), damages are distributed according to specific rules. The surviving spouse receives the first $30,000, with any remainder divided equally between the spouse and children. If there is no surviving spouse, children receive equal shares, and if no children survive, parents may recover damages.

Unlike some states, Pennsylvania does not impose damage caps on medical malpractice cases, allowing full recovery of both economic and non-economic losses. However, FTCA claims are governed by federal law, which requires that damages be calculated according to the law of the state where the negligence occurred—meaning Pennsylvania's favorable damage rules apply to federal claims.

Statute of Limitations

The Federal Tort Claims Act requires that all claims against the federal government be filed within two years of the date the claim accrues (28 U.S.C. § 2401). For wrongful death cases, this typically means two years from the date of death. However, Pennsylvania's discovery rule may apply in cases where the family did not immediately know that negligence caused the death, potentially extending the filing deadline.

Expert Witness Requirements

Pennsylvania requires a certificate of merit in medical malpractice cases, which must be filed with the complaint. This certificate requires consultation with a qualified medical expert who can attest that the case has merit and that the standard of care was violated. For FTCA wrongful death cases, expert medical testimony is essential to prove that negligence, rather than natural disease progression, caused the death.

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), families have two years from the date of death to file wrongful death claims against VA or military hospitals. Pennsylvania's discovery rule may extend this deadline if the family did not immediately know that negligence caused the death.

Pennsylvania law allows recovery of both economic damages (lost wages, medical expenses, funeral costs) and non-economic damages (loss of consortium, emotional distress). Under Pennsylvania's wrongful death statute (42 Pa.C.S.A. § 8301), the surviving spouse receives the first $30,000, with remainder split between spouse and children.

Pennsylvania does not impose damage caps on medical malpractice cases, allowing full recovery of economic and non-economic losses. Since FTCA claims follow state law, Pennsylvania's favorable damage rules apply to federal wrongful death cases.

You cannot sue individual military doctors, but you can file an FTCA claim against the United States government for negligence by federal employees. The government becomes liable for wrongful acts committed by military and VA medical personnel within their scope of employment.

Yes, Pennsylvania requires a certificate of merit in medical malpractice cases, which requires consultation with a qualified medical expert. Expert testimony is essential to prove that medical negligence, rather than natural causes, resulted in death.

FTCA wrongful death cases typically take 18 months to 3 years to resolve. The government has six months to respond to your administrative claim before you can file a lawsuit. Complex medical cases requiring extensive expert testimony may take longer to reach resolution.

Under Pennsylvania law (42 Pa.C.S.A. § 8301), only the personal representative of the deceased's estate can file a wrongful death claim. Beneficiaries who may recover damages include the surviving spouse, children, and parents of the deceased.

Delayed diagnosis cases require proving that earlier diagnosis would have prevented death and that the delay violated accepted medical standards. Our medical doctor-attorney can evaluate whether diagnostic delays at Pennsylvania VA facilities constitute actionable negligence under the FTCA.

When you or a loved one has suffered preventable deaths due to medical negligence at VA and military hospitals 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 Wrongful Death 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 Wrongful Death 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 Wrongful Death takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered preventable deaths due to medical negligence at VA and military hospitals 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 Wrongful Death victims. Our Pennsylvania Wrongful Death 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

Wrongful Death Resources

• Wrongful Death Lawyers (Nationwide) - General Wrongful Death 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've lost a loved one due to negligent medical care at a VA facility in Pennsylvania, you need to understand how the Federal Tort Claims Act (FTCA) process works to protect your legal rights. The FTCA allows veterans and military families to seek compensation when negligent medical care at federal facilities results in death, but strict deadlines and procedures must be followed.

You have two years from the date of death to file an administrative claim using Standard Form 95. This initial claim must be filed with the Department of Veterans Affairs before any lawsuit can proceed. The VA then has six months to investigate and respond to your claim. If the VA denies your claim or fails to resolve it within six months, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor is particularly valuable in VA wrongful death 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 combined medical and legal expertise helps build stronger cases and often leads to more successful outcomes for military families.

Through an FTCA claim, you may be able to recover several types of damages. These can include medical expenses incurred before death, funeral and burial costs, lost wages and benefits your loved one would have earned, and compensation for the pain and suffering they experienced. Family members may also be entitled to compensation for loss of companionship and emotional distress.

Pennsylvania law has specific rules about who can file wrongful death claims and how damages are distributed among family members. Your attorney can help ensure all eligible family members are included in the claim and that damages are properly calculated according to state law.

Given the complexity of FTCA claims and the strict deadlines involved, it's crucial to get experienced legal help as soon as possible. Many attorneys who specialize in VA wrongful death cases offer free initial consultations to evaluate your claim. During this consultation, they can review your case details, explain your legal options, and help you understand the potential timeline and value of your claim. Don't wait to seek legal guidance - your family's right to compensation may depend on taking prompt action.

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 Medication Errors Cases