South Carolina VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and service members trust South Carolina's VA medical centers and military hospitals to provide top-quality medical care. Unfortunately, spinal cord injuries from medical negligence during surgery, emergency treatment, or routine procedures can cause devastating, life-altering consequences like paralysis, chronic pain, and permanent disability birth injuries.

Spinal cord injuries represent some of the most catastrophic medical malpractice outcomes, with complete injuries often resulting in paraplegia or tetraplegia. Our founding attorney at the Archuleta Law Firm is both a licensed attorney and medical doctor, offering unique insight into spinal procedure standards and their violations. Our medical expertise allows us to identify negligence that other attorneys might miss.

If you or a loved one suffered a spinal cord injury at a South Carolina VA or military facility, the Federal Tort Claims Act (FTCA) gives you legal rights. These federal claims against the U.S. government have specific procedural requirements and strict deadlines, which differ from civilian medical malpractice cases.

• Surgical Errors During Spinal Procedures: Mistakes during spinal fusion, laminectomy, or discectomy procedures can damage the spinal cord or nerve roots. Improper placement of surgical instruments, failure to maintain proper surgical technique, or operating at the wrong spinal level constitutes clear malpractice when it results in paralysis or nerve damage.

• Failure to Diagnose Spinal Cord Compression: When emergency room physicians or radiologists fail to recognize signs of spinal cord compression from trauma, tumors, or infections, delayed treatment can result in permanent paralysis. The standard of care requires immediate imaging and intervention when spinal cord compression is suspected.

• Medication Errors Affecting Spinal Function: Incorrect dosing of anesthesia during spinal procedures or administration of neurotoxic medications can cause direct spinal cord damage. Anesthesiologists must carefully monitor spinal anesthesia to prevent permanent neurological injury.

• Improper Patient Positioning During Surgery: Failure to properly position patients during lengthy surgical procedures can cause spinal cord ischemia and permanent injury. Operating room staff must follow established protocols to prevent positional injuries during surgery.

• Delayed Treatment of Spinal Trauma: When emergency physicians fail to immobilize suspected spinal injuries or delay necessary surgical intervention, secondary spinal cord damage can occur. The standard of care requires immediate stabilization and rapid treatment of spinal trauma.

• Negligent Post-Operative Care: Failure to monitor for post-surgical complications such as hematomas, infections, or hardware failure can lead to spinal cord compression and permanent injury. Proper post-operative monitoring is essential to prevent secondary spinal cord damage.

We represent spinal cord injury victims at major VA medical centers and military treatment facilities throughout South Carolina where complex spinal procedures are performed and emergency spinal trauma is treated.

• Ralph H. Johnson VA Medical Center, Charleston: This major VA medical center provides comprehensive spinal surgery services and emergency trauma care where surgical errors or delayed treatment can result in spinal cord injuries.

• Dorn VA Medical Center, Columbia: Serving as a regional referral center for complex spinal procedures, this facility handles high-risk spinal surgeries where technical errors can cause permanent paralysis.

• Joint Base Charleston Medical Facility: This military treatment facility provides emergency trauma care and orthopedic services where improper handling of spinal injuries can result in permanent neurological damage.

• Shaw Air Force Base Medical Facility: Emergency and surgical services at this military hospital include spinal trauma care where delayed diagnosis or treatment errors can cause devastating spinal cord injuries.

View all South Carolina VA & Military Facilities

• Your spinal injury occurred during a routine procedure that should not have posed significant risk to the spinal cord
• Medical staff failed to obtain proper imaging studies before spinal surgery or dismissed concerning symptoms
• You experienced sudden onset of paralysis or numbness during or immediately after medical treatment
• Hospital staff delayed emergency treatment despite clear signs of spinal cord compression or trauma
• Your surgeon operated at the wrong spinal level or failed to follow established surgical protocols
• Medical records show confusion about your case, missing documentation, or alterations to treatment notes
• You developed post-surgical complications that were not promptly recognized or treated, leading to permanent spinal cord damage

Economic Damages

Spinal cord injury victims can recover substantial economic damages reflecting the lifetime costs of their injuries. These include immediate emergency medical expenses, specialized spinal cord rehabilitation costs, lifetime physical therapy and occupational therapy expenses, adaptive equipment including wheelchairs and home modifications, attendant care costs for daily living assistance, and lost earning capacity from inability to return to previous employment. Transportation modifications and ongoing medical monitoring for secondary complications such as autonomic dysreflexia or pressure sores represent additional recoverable costs.

Non-Economic Damages

Spinal cord injury victims suffer profound non-economic damages, including physical pain, loss of life enjoyment, emotional distress, relationship impacts, and psychological trauma from permanent paralysis.

South Carolina-Specific Considerations

Under the South Carolina Tort Claims Act (S.C. Code § 15-78-40), damage caps apply to certain claims against governmental entities, with general caps of $300,000 per person and up to $1.2 million for medical malpractice against healthcare providers. However, FTCA claims against federal VA and military facilities are governed by federal law rather than state damage caps. The interaction between state and federal damage limitations depends on the specific facility and employment status of the treating physician, making legal analysis essential for determining applicable damage limits.

South Carolina Legal Requirements for Spinal Cord Injury Claims

Statute of Limitations

FTCA claims must be filed within two years of the date of injury or discovery under 28 U.S.C. § 2675, which is shorter than South Carolina's general three-year statute of limitations for personal injury claims. South Carolina's discovery rule may extend the filing deadline when spinal cord damage is not immediately apparent, but federal FTCA deadlines remain strict and unforgiving.

Expert Witness Requirements

South Carolina requires expert medical testimony to establish the standard of care and prove that negligence caused the spinal cord injury. Given the complex nature of spinal procedures and neurological damage, qualified neurosurgeons or orthopedic spine specialists must testify about proper surgical technique and causation. Our firm's medical background allows us to identify and work effectively with the specialized experts required for spinal cord injury cases.

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

FTCA claims against VA and military hospitals must be filed within two years of the injury date under federal law (28 U.S.C. § 2675), regardless of South Carolina's three-year state statute of limitations. Missing this deadline permanently bars your claim, making immediate legal consultation essential.

Spinal cord injury victims can recover both economic damages (medical expenses, lost wages, lifetime care costs, adaptive equipment) and non-economic damages (pain and suffering, loss of enjoyment of life, emotional distress). The total recovery depends on injury severity, age, and pre-injury earning capacity.

While South Carolina caps damages against state entities at $300,000-$1.2 million under S.C. Code § 15-78-40, FTCA claims against federal facilities are governed by federal law without statutory caps. This distinction can significantly impact potential recovery amounts.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the U.S. government for negligence by federal employees. The claim targets the government as the employer rather than individual physicians.

Yes, South Carolina requires expert medical testimony to prove the standard of care was violated and that negligence caused your spinal cord injury. Qualified neurosurgeons or orthopedic spine specialists must testify about proper medical procedures and causation.

FTCA cases typically take 18-36 months from filing the administrative claim through resolution. Complex spinal cord injury cases may take longer due to the need for extensive medical documentation, expert testimony, and life care planning to establish lifetime damages.

South Carolina's discovery rule may extend filing deadlines when injuries are not immediately apparent, but FTCA's two-year deadline typically runs from when you knew or should have known about both the injury and its connection to medical negligence.

Spouses can recover loss of consortium damages for the impact on marital relationships, and family members may recover damages if they provide necessary care. However, recovery depends on the specific circumstances and relationship to the injured person.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a South Carolina 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.

• South Carolina FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving South Carolina 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 South Carolina, 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.

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

South Carolina VA Malpractice Information

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

Other South Carolina Case Types We Handle

• South Carolina Surgical Errors Cases
• South Carolina Emergency Room Errors Cases
• South Carolina Brain Injury Cases

Spinal Cord Injury Resources

• Spinal Cord Injury Lawyers (Nationwide) - General Spinal Cord Injury 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 dealing with a spinal cord injury in South Carolina due to medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. Under the FTCA, you must file your claim within two years from when you knew or should have known about the injury and its cause. This is done by submitting Standard Form 95 to the Department of Veterans Affairs, which then has six months to investigate and respond to your claim.

When pursuing an FTCA claim for a spinal cord injury, working with an attorney who also has medical training can significantly strengthen your case. A doctor-attorney understands both the complex medical aspects of spinal cord injuries and the legal framework of the FTCA. They can effectively review medical records, identify deviations from the standard of care, and articulate how these departures caused your injury. This dual expertise is particularly valuable when challenging the VA's medical decisions or procedures.

Through an FTCA claim, you may be entitled to recover various damages. These can include all past and future medical expenses related to your spinal cord injury, including rehabilitation costs, medical equipment, and home modifications. You can also claim lost wages and reduced earning capacity if your injury affects your ability to work. Additionally, compensation for pain and suffering, loss of enjoyment of life, and emotional distress may be available. For military families, the impact on family relationships and the cost of caregiving can also be considered in the damages calculation.

Don't let uncertainty about the process prevent you from seeking the compensation you deserve. Most experienced FTCA attorneys offer free initial case evaluations to review your situation and explain your options. During this consultation, you can discuss the circumstances of your injury, learn about the strength of your case, and understand the next steps in the process. Time is critical in these cases, so it's important to reach out for professional guidance as soon as possible to ensure your rights are protected and all deadlines are met.

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

• South Carolina Surgical Errors Cases
• South Carolina Emergency Room Errors Cases
• South Carolina Brain Injury Cases
• South Carolina Misdiagnosis Cases
• South Carolina Medication Errors Cases
• South Carolina Wrongful Death Cases