Medical Malpractice at
Naval Medical Center Portsmouth

Naval Medical Center Portsmouth (NMCP) stands as the oldest continuously operating hospital in the Navy Medical System, serving over 420,000 eligible beneficiaries in the Hampton Roads area. As a major military medical center, it provides comprehensive healthcare services to active duty service members, their families, and military retirees through its extensive network of specialty departments and emergency services.

Medical errors and negligence at NMCP can cause serious injuries or devastating outcomes for patients and their families, despite their high standards of care. When medical malpractice happens at this facility, the Federal Tort Claims Act (FTCA) provides the legal pathway for seeking compensation and accountability.

At Archuleta Law Firm, our unique combination of medical and legal expertise – including our founder who holds both MD and JD degrees – gives us exceptional insight into military medical malpractice cases. With over 25 years of experience and more than $145 million recovered for our clients, we understand the complexities of bringing claims against Naval Medical Center Portsmouth and other military treatment facilities.

Established in 1830, Naval Medical Center Portsmouth has served as a cornerstone of military healthcare in Virginia for nearly two centuries. The facility, located at 620 John Paul Jones Circle in Portsmouth, operates as a Level II Trauma Center and major teaching hospital within the Navy Medical System.

NMCP offers comprehensive medical services including general surgery, cardiothoracic surgery, neurosurgery, orthopedics, and specialized care in areas such as cardiology, oncology, and pediatrics. The center also houses the Navy's second-largest family medicine residency program and operates 12 medical residency programs, contributing to its role as a premier medical training facility.

NMCP serves as the Hampton Roads area's primary military treatment facility, delivering essential healthcare to active duty personnel, military families, and veterans. Its emergency department operates 24/7, and the facility maintains specialized units for everything from routine care to complex surgical procedures.

• Birth Injuries: NMCP handles numerous deliveries annually as a major provider of obstetric care for military families. Birth injuries can occur due to delayed C-sections, improper use of delivery tools, or failure to monitor fetal distress. Learn more about military birth injury claims →

• Surgical Errors: With multiple surgical departments, preventable mistakes such as wrong-site surgery, retained surgical items, or anesthesia errors can occur. Staff rotation and deployment schedules pose unique challenges to military hospitals that may impact surgical care. Learn more about surgical malpractice claims →

• Emergency Room Mistakes: NMCP's Level II Trauma Center handles critical cases daily. Errors in triage, delayed treatment, or misdiagnosis of serious conditions like heart attacks or strokes can have devastating consequences. Learn more about ER malpractice claims →

• Medication Errors: Military healthcare systems' complexity often causes medication mistakes like incorrect dosing, drug interactions, and administration errors. These errors are particularly concerning in high-risk areas like oncology or pediatrics, but can occur in any department.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), patients who have experienced medical malpractice at Naval Medical Center Portsmouth must first file an administrative claim before pursuing legal action. This process begins with submitting Standard Form 95 (SF-95) to the appropriate military claims office.

For Naval Medical Center Portsmouth claims, submissions should be directed to: Office of the Judge Advocate General Tort Claims Unit (TCU) 9620 Maryland Avenue, Suite 205 Norfolk, Virginia 23511-2949

Strict deadlines apply to FTCA claims. You must file your administrative claim within two years of discovering the malpractice. Once filed, the agency has six months to review your claim. If your claim is denied or the review period expires, you have six months to file a federal lawsuit.

For step-by-step instructions, see our guide: How to File a VA Medical Malpractice Claim in Virginia →

Virginia medical malpractice law (Va. Code § 8.01-243) typically provides a two-year statute of limitations, which aligns with the FTCA requirements. FTCA claims follow federal guidelines and are not subject to state caps, although Virginia has damage caps for medical malpractice cases. However, understanding both federal and state regulations is crucial for building a strong case.

You must first file an administrative claim using Standard Form 95 with the Navy JAG office. This must be done within two years of discovering the malpractice, and should include detailed documentation of the incident and damages.

You have two years from the date you discovered (or should have discovered) the malpractice to file your administrative claim. Missing this deadline typically bars you from pursuing compensation.

Can I sue Naval Medical Center Portsmouth directly?

No, you cannot sue the facility directly. Claims must be filed under the Federal Tort Claims Act against the United States government, not individual providers or the facility itself.

What damages can I recover for malpractice at Naval Medical Center Portsmouth?

You may be eligible to recover medical expenses, lost wages, pain and suffering, and other damages related to your injury. The FTCA allows for compensation based on actual damages proven, though punitive damages cannot be awarded under federal law.

Do I need a Virginia attorney for my Naval Medical Center Portsmouth claim?

While not legally required, having an attorney experienced in both military medical malpractice and FTCA claims significantly improves your chances of success. Our firm's doctor-attorney can evaluate your case from both medical and legal perspectives.

How long does the claims process typically take?

The process includes a mandatory 6-month administrative review period. If litigation becomes necessary, cases typically take 1-2 years to resolve, though complex cases may take longer.

We also handle medical malpractice cases at these Virginia facilities:

• Alexander T. Augusta Military Medical Center (Formerly Fort Belvoir Community Hospital) (Fort Belvoir) →
• Hampton VA Medical Center (Hampton) →
• Richmond VA Medical Center (Richmond) →
• Salem VA Medical Center (Salem) →

If you've experienced medical malpractice at Naval Medical Center Portsmouth, you need to understand that claims against military healthcare facilities follow specific rules under the Federal Tort Claims Act (FTCA). As a veteran or military family member, you have rights, but you must act within strict timeframes to protect them.

The FTCA requires you to file your claim within two years from when you knew or should have known about the medical negligence. Once you submit your administrative claim using Standard Form 95, the agency has six months to respond. Only after receiving a denial or waiting six months without a response can you file a lawsuit in federal court.

For cases involving Naval Medical Center Portsmouth, having an attorney who is also a medical doctor can be invaluable. These specialized professionals understand both the complex medical issues and the unique legal challenges of military medical malpractice cases. They can effectively review medical records, identify deviations from the standard of care, and articulate how these errors caused your injuries. This dual expertise is particularly crucial because FTCA cases require clear evidence of medical negligence and causation.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages, and compensation for pain and suffering. If you're a veteran who requires ongoing care due to medical negligence, these damages can help ensure you receive proper treatment and support. Family members may also be entitled to compensation for their losses, including loss of companionship and support.

Don't let uncertainty about the process prevent you from seeking justice. Many law firms specializing in military medical malpractice offer free case evaluations to help you understand your rights and options. During this consultation, an experienced attorney can review your situation, explain the FTCA process specific to Naval Medical Center Portsmouth, and help determine if you have a viable claim. Remember, these cases are complex and time-sensitive, so it's crucial to speak with a qualified attorney as soon as possible to protect your rights and ensure compliance with all FTCA requirements.

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

• Virginia Surgical Errors Cases →
• Virginia Emergency Room Errors Cases →
• Virginia Brain Injury Cases →
• Virginia Spinal Cord Injury Cases →
• Virginia Misdiagnosis Cases →
• Virginia Medication Errors Cases →