Virginia VA & Military Surgical Errors Malpractice Attorneys

When veterans and military families seek surgical care at Virginia's VA medical centers and military hospitals, they trust these facilities to provide competent, safe medical treatment. Unfortunately, preventable surgical errors continue to occur at federal medical facilities, causing devastating injuries and complications that could have been avoided with proper care.

At the Archuleta Law Firm, our founding attorney is both a licensed physician (MD) and attorney (JD), bringing a unique combination of medical and legal expertise. This dual background allows us to thoroughly understand the complex medical standards of care involved in surgical procedures and identify when negligence has occurred. With specialized knowledge in Federal Tort Claims Act (FTCA) cases, over $145 million in client recoveries, and 25+ years of experience, we effectively pursue surgical error claims against the federal government.

If you or a loved one suffered harm due to a surgical error at a Virginia VA or military facility, you have legal rights under the Federal Tort Claims Act. Understanding these rights and Virginia's specific legal requirements is crucial for protecting your ability to seek compensation for the injuries you've endured.

• Wrong-Site Surgery: Operating on the incorrect body part, organ, or surgical site represents a fundamental breach of the standard of care and violates established safety protocols that should prevent such errors.

• Retained Surgical Instruments: Leaving surgical tools, sponges, or other foreign objects inside a patient's body after surgery indicates inadequate counting procedures and failure to follow proper surgical protocols.

• Anesthesia Errors: Administering incorrect dosages, failing to monitor vital signs during surgery, or neglecting to review patient allergies can result in brain damage, cardiac arrest, or death.

• Inadequate Pre-Operative Planning: Failing to review medical history, conduct necessary imaging studies, or properly prepare for known complications demonstrates negligent surgical planning.

• Post-Operative Care Failures: If medical staff ignore signs of infection, fail to monitor for complications, or provide inadequate wound care, a successful surgery can turn into a medical disaster.

• Communication Breakdowns: If the surgical team communicates poorly, fails to verify patient identity, or uses inadequate handoff procedures between shifts, critical errors can occur during or after surgery.

Our firm represents clients who suffered surgical errors at major VA medical centers and military hospitals throughout Virginia. Because these large medical facilities perform thousands of surgical procedures annually, there are numerous opportunities for preventable errors to occur.

• Richmond VA Medical Center, Richmond - This major VA facility's high surgical volume and complex cases can lead to errors when proper protocols aren't followed.
• Hampton VA Medical Center, Hampton - Serving a large veteran population, this facility's busy surgical schedule increases the risk of communication breakdowns and procedural errors.
• Naval Medical Center Portsmouth, Portsmouth - This military treatment facility handles complex surgical cases for active duty personnel and their families.
• Walter Reed National Military Medical Center (Bethesda location serves Virginia residents) - While located in Maryland, this facility treats many Virginia military families and veterans.

View all Virginia VA & Military Facilities

• Surgery performed on the wrong body part, organ, or surgical site
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body
• Unexpected complications that required additional surgeries to correct
• Severe infections that developed due to inadequate sterile technique or post-operative care
• Anesthesia awareness (being conscious during surgery when you should have been unconscious)
• Nerve damage or paralysis that wasn't discussed as a known risk of your procedure
• Surgical team operated without proper consent or performed unauthorized procedures
• Post-operative care that ignored obvious signs of complications or infection

Economic Damages

Virginia surgical error victims may recover compensation for measurable financial losses, including lifetime medical care costs for corrective surgeries and ongoing treatment, lost wages and reduced earning capacity due to permanent disabilities, rehabilitation and physical therapy expenses that can extend for years, prescription medications and medical equipment needed for recovery, home modifications required to accommodate new disabilities, and transportation costs for ongoing medical appointments and treatments.

Non-Economic Damages

Victims can also seek compensation for intangible losses such as physical pain and suffering from the original error and subsequent corrective procedures, emotional distress and mental anguish caused by the traumatic experience, loss of enjoyment of life and inability to participate in previously enjoyed activities, disfigurement and scarring from additional surgeries, and impact on family relationships and quality of life.

Virginia-Specific Considerations

Under Virginia law, medical malpractice damages are subject to a statutory cap that increases annually. As of 2024, Virginia Code § 8.01-581.15 limits non-economic damages in medical malpractice cases to $2.65 million. However, FTCA claims against federal facilities are governed by federal law, which may apply different damage limitations. Additionally, Virginia Code § 8.01-34's contributory negligence rule rarely affects surgical error cases since patients are unconscious during the negligent conduct.

Statute of Limitations: Under the Federal Tort Claims Act (28 U.S.C. § 2401), you must file an administrative claim within two years of discovering the surgical error. Virginia's discovery rule may extend this deadline if the error wasn't immediately apparent, such as when retained surgical instruments aren't discovered until years later. However, the federal statute generally takes precedence in FTCA cases.

Expert Witness Requirements: Virginia Code § 8.01-581.20 requires expert witness testimony in medical malpractice cases to establish the standard of care and prove negligence. For surgical error cases, this typically means testimony from a qualified surgeon in the same specialty who can explain how the defendant's conduct fell below accepted medical standards.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date you discovered or reasonably should have discovered the surgical error to file an administrative claim. This deadline is strictly enforced, and missing it can permanently bar your claim.

You may recover economic damages like medical expenses and lost wages, plus non-economic damages for pain and suffering. Virginia caps non-economic damages at $2.65 million as of 2024 under Virginia Code § 8.01-581.15, though federal law governs FTCA claims and may apply different limits.

Virginia's medical malpractice damage cap applies to state court cases, but FTCA claims are filed in federal court under federal law. The interaction between state and federal damage limitations can be complex and depends on the specific circumstances of your case.

You cannot sue individual military doctors personally due to federal immunity laws. Instead, you must file an FTCA claim against the United States government, which accepts liability for the negligent acts of federal employees acting within their scope of employment.

Yes, Virginia Code § 8.01-581.20 requires expert witness testimony to establish the standard of care in medical malpractice cases. Your expert must be qualified in the same medical specialty and able to testify about how the care provided fell below accepted standards.

FTCA cases typically take 18-36 months from filing the administrative claim to resolution. The government has six months to respond to your initial claim, and if denied, you can then file a federal lawsuit, which may take additional time to resolve.

The FTCA's discovery rule may extend the filing deadline if the error wasn't immediately apparent. For example, retained surgical instruments or gradual complications may not manifest symptoms for months or years after the original surgery.

Yes, under Virginia's wrongful death statute (Virginia Code § 8.01-50), surviving family members can file an FTCA claim for wrongful death caused by surgical errors at federal medical facilities. The same two-year deadline applies from the date of death or discovery of the negligence.

When you or a loved one has suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications at a Virginia 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.

• Virginia FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Virginia 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 Virginia, 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 Virginia 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 Virginia Surgical Errors victims. Our Virginia 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 Virginia 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.

Virginia VA Malpractice Information

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

Other Virginia Case Types We Handle

• Virginia Emergency Room Errors Cases
• Virginia Brain Injury Cases
• Virginia 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 medical facility in Virginia, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation for injuries caused by negligent medical care at federal facilities, but you must follow strict procedural requirements and deadlines.

You have two years from the date of the surgical error to file an administrative claim with the VA using Standard Form 95. This is a critical deadline - if you miss it, you may lose your right to pursue compensation entirely. Once you submit your claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor can significantly strengthen your surgical error case. These specialized professionals understand both the legal complexities of FTCA claims and the medical standards of care that should have been followed during your procedure. They can quickly identify deviations from accepted surgical protocols, effectively communicate with medical experts, and translate complex medical information into compelling legal arguments.

Under the FTCA, 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 surgical errors, these damages often include costs for corrective procedures, ongoing rehabilitation, medical equipment, and lost VA benefits. Unlike other medical malpractice cases in Virginia, FTCA claims have no damage caps.

Given the complexity of these cases and the strict deadlines involved, it's essential to have your case evaluated as soon as possible. Many experienced FTCA attorneys offer free initial consultations to review your case and explain your options. During this consultation, they can assess whether your surgical error meets the legal standards for negligence and help you understand the potential value of your claim. Don't wait to seek legal guidance - protecting your rights and securing your future begins with understanding your options under the FTCA.

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

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