The El Paso VA Health Care System serves over 35,000 veterans across El Paso County and surrounding areas, providing essential medical services including primary care, specialty care, and mental health treatment. As a major VA healthcare facility in western Texas, the clinic offers numerous specialized services including cardiology, gastroenterology, dermatology, and women's health care.
Medical errors and negligence can occur at this facility, despite most veterans receiving quality care. When veterans suffer harm due to substandard care at the El Paso VA Clinic, they have legal rights under the Federal Tort Claims Act (FTCA) to seek compensation. However, these cases require specialized knowledge of both medicine and federal law.
At Archuleta Law Firm, our unique team includes both a licensed attorney and medical doctor who understand the complexities of VA medical malpractice cases. With over 25 years of experience and more than $145 million recovered for veterans, we can evaluate potential malpractice at the El Paso VA Clinic and guide veterans through the FTCA claims process.
About El Paso VA Clinic
The El Paso VA Health Care System (EPVAHCS) is located at 5001 N. Piedras Street in El Paso, Texas. This comprehensive VA medical center provides both primary and specialty care services to veterans throughout the region, operating as a key facility within the VA's Southwest Healthcare Network.
The clinic offers a wide range of medical services including audiology, cardiology, dermatology, gastroenterology, and specialized women's health care. Mental health services and programs for homeless veterans are also important components of the facility's care offerings. The clinic maintains various specialty departments staffed by VA healthcare professionals dedicated to serving the veteran community.
Director Michael L. Amaral leads the facility's mission to provide accessible healthcare to El Paso's diverse veteran population. While the clinic does not operate an emergency department, it coordinates with local hospitals to ensure veterans have access to emergency care when needed.
Common Types of Malpractice at El Paso VA Clinic
Diagnostic Errors: Missed or delayed diagnoses can occur in the clinic's specialty departments, particularly in cardiology and gastroenterology cases where timely diagnosis is critical birth injury claims β. These errors may result from rushed appointments or inadequate testing. Learn more about diagnosis errors in Texas VA facilities β
Medication Mistakes: With multiple departments prescribing medications, errors in medication type, dosage, or drug interactions can occur. VA electronic health record systems may not always properly flag potential interactions or allergies.
Treatment Delays: Veterans may experience harmful delays in receiving specialist care or necessary procedures. This is particularly concerning for time-sensitive conditions treated in cardiology or gastroenterology. Read about treatment delay claims β
Surgical Complications: While major surgeries are typically referred to larger VA facilities, procedures performed at the El Paso clinic can still result in complications if proper protocols aren't followed. Understanding surgical error claims β
Filing an FTCA Claim Against El Paso VA Clinic
Under the Federal Tort Claims Act (28 U.S.C. Β§ 2675), veterans must first file an administrative claim using Standard Form 95 (SF-95) before pursuing a lawsuit for medical malpractice at the El Paso VA Clinic. This claim must detail the specific instances of negligence and resulting damages.
File your El Paso VA Clinic claims with:
Office of General Counsel (022) 810 Vermont Avenue, NW Washington, DC 20420
Veterans must be aware of strict deadlines when filing claims. The FTCA requires administrative claims to be filed within two years of when the malpractice was discovered or should have been discovered. After filing, the VA has six months to investigate and respond. If the claim is denied or the six months pass without a decision, veterans have six months to file a federal lawsuit.
For complete step-by-step instructions on filing your claim, see our comprehensive guide: How to File a VA Medical Malpractice Claim in Texas β
Texas Legal Considerations for El Paso VA Clinic Claims
Although the El Paso VA Clinic is in Texas, FTCA claims follow federal law, not Texas medical malpractice laws. However, Texas law (Tex. Civ. Prac. & Rem. Code Β§ 74.251) may influence certain aspects of claims. The federal court will generally apply Texas's substantive medical malpractice laws while following federal procedural rules.
Texas's damage caps for medical malpractice cases don't directly apply to FTCA claims, but courts may consider them when determining compensation. For detailed information about how Texas law affects VA malpractice claims, visit our Texas VA Medical Malpractice Guide β
Other VA & Military Facilities in Texas
We also handle medical malpractice cases at these Texas facilities:
Understanding Your FTCA Rights
If you've experienced medical negligence at the El Paso VA Clinic, you need to understand your rights under the Federal Tort Claims Act (FTCA). As a veteran or military family member in the El Paso area, you have the legal right to pursue compensation for injuries caused by VA medical providers, but strict deadlines apply to your case.
The FTCA requires you to file your claim within two years from when you knew or should have known about the injury and its cause. Missing this deadline could permanently bar you from seeking compensation. Once you file your administrative claim (Form SF-95) with the VA, the agency has six months to investigate and respond. Only after this administrative process can you file a federal lawsuit if your claim is denied or inadequately resolved.
For VA medical malpractice cases in El Paso, having an attorney who is also a medical doctor can be crucial to your success. These specialized attorney-physicians understand both the complex medical issues involved in VA care and the specific legal requirements of FTCA claims. They can accurately evaluate medical records, identify deviations from the standard of care, and effectively communicate with medical experts who may need to testify in your case.
Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For veterans dealing with the El Paso VA Clinic, these damages can include additional medical care needed to correct negligent treatment, rehabilitation costs, and compensation for any permanent disabilities resulting from substandard care.
Don't wait to explore your legal options if you suspect medical negligence at the El Paso VA Clinic. Many experienced FTCA attorneys offer free, confidential case evaluations to veterans and their families. During this consultation, you can learn about your rights, understand the strength of your case, and get guidance on the next steps to take. Remember, protecting your rights starts with understanding them, and qualified legal counsel can help ensure you meet all FTCA requirements while building the strongest possible case for compensation.
Related Case Types in Texas
We handle various types of VA and military medical malpractice cases in Texas:
Frequently Asked Questions
El Paso VA Clinic Malpractice Claims
01How do I file a malpractice claim against El Paso VA Clinic?
How do I file a malpractice claim against El Paso VA Clinic?
You must first file an administrative claim using Standard Form 95 with the VA Office of General Counsel. This must be done within two years of discovering the malpractice. Our doctor-attorney team can help prepare your claim properly.
02What is the deadline for filing a claim against El Paso VA Clinic?
What is the deadline for filing a claim against El Paso VA Clinic?
The FTCA requires filing within two years of when you discovered (or should have discovered) the malpractice. Missing this deadline typically bars you from seeking compensation.
03Can I sue El Paso VA Clinic directly?
Can I sue El Paso VA Clinic directly?
No, you cannot sue the clinic or its employees directly. Claims must be filed under the FTCA against the federal government, following specific administrative procedures.
04What damages can I recover for malpractice at El Paso VA Clinic?
What damages can I recover for malpractice at El Paso VA Clinic?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to the malpractice. The specific amount depends on the severity of harm and evidence supporting your claim.
05Do I need a Texas attorney for my El Paso VA Clinic claim?
Do I need a Texas attorney for my El Paso VA Clinic claim?
While not required, having an attorney experienced in both medicine and federal tort claims can significantly improve your chances of success. VA malpractice claims involve complex federal laws and medical issues.
06How long does an El Paso VA Clinic malpractice claim take?
How long does an El Paso VA Clinic malpractice claim take?
The process typically takes at least 8-12 months, including the mandatory 6-month VA review period. If a lawsuit becomes necessary, the timeline may extend to several years.
Have more questions? Contact us or call 1-800-798-9529
Why Choose the Archuleta Law Firm
Unparalleled expertise for your El Paso VA Clinic claim
- π©ΊDoctor-Attorney on Staff
Our founder is both a licensed attorney and a medical doctor (MD/JD), providing critical insight into what constitutes malpractice at El Paso VA Clinic.
- βοΈExclusive FTCA Focus
We specialize exclusively in military and VA medical malpractice, handling Federal Tort Claims Act cases against facilities like El Paso VA Clinic across all 50 states.
- π°Proven Track Record
With over $145 million recovered for military and VA medical malpractice victims nationwide, we have the experience to handle your case.
- π25+ Years of Experience
Our firm brings decades of experience to every case, understanding the nuances of federal litigation and the specific challenges of suing federal facilities.
- π€No Fee Unless We Win
We operate on a contingency fee basisβyou pay nothing unless we recover compensation for you.
Free Case Evaluation
El Paso VA Clinic Malpractice Claim
If you or a loved one suffered harm due to medical negligence at El Paso VA Clinic in El Paso, Texas, you may have a right to seek compensation under the Federal Tort Claims Act.
The Archuleta Law Firm offers a free, confidential case evaluation to help you understand your legal options:
- Review your El Paso VA Clinic medical records at no cost
- Explain how the FTCA process applies to claims against El Paso VA Clinic
- Assess the potential value of your case
- Answer all your questions without obligation
Don't Delay
Strict federal deadlines apply to claims against El Paso VA Clinic.