Virginia VA & Military Wrongful Death Malpractice Attorneys

Families trust Virginia's VA medical centers and military hospitals to save lives, not cause preventable deaths. Tragically, medical negligence at federal facilities continues to claim lives that could have been saved with proper treatment, monitoring, and adherence to established medical standards.

The VA Office of Inspector General reported over 1,100 cases of potential medical malpractice across VA facilities nationwide in 2023, with a significant number involving preventable deaths. Our founding attorney at the Archuleta Law Firm combines medical and legal expertise as both a licensed physician and attorney to identify negligent wrongful deaths versus natural causes.

If your loved one died due to suspected medical negligence at a Virginia VA or military facility, you may have legal rights under the Federal Tort Claims Act (FTCA). Understanding these rights and Virginia's specific legal requirements is crucial for holding the U.S. government accountable for preventable deaths.

• Failure to Diagnose Critical Conditions: When medical staff miss obvious signs of heart attacks, strokes, sepsis, or pulmonary embolisms, patients die from treatable conditions that should have been caught and managed appropriately.

• Medication Errors and Drug Interactions: Administering wrong medications, incorrect dosages, or failing to check for dangerous drug interactions can cause fatal cardiac events, respiratory failure, or organ damage.

• Surgical Negligence: Surgical negligence, such as operating on the wrong body part, leaving instruments inside, or failing to monitor patients, can cause fatal complications.

• Emergency Room Delays: Failing to triage patients properly, dismissing serious symptoms, or allowing dangerous delays in treatment can turn survivable medical emergencies into preventable deaths.

• Post-Operative Neglect: Inadequate monitoring after surgery, failure to recognize infection signs, or improper wound care can lead to sepsis, organ failure, and death from complications that should have been prevented.

• Anesthesia Errors: Improper dosing, failure to monitor vital signs, or inadequate pre-operative assessment can cause fatal reactions, brain damage from oxygen deprivation, or cardiovascular collapse.

We represent families who lost loved ones due to fatal errors at major Virginia federal medical facilities. We handle cases at facilities including:

Richmond VA Medical Center in Richmond provides comprehensive care to thousands of veterans, where emergency department errors and surgical complications have resulted in preventable deaths. Hampton VA Medical Center serves the Hampton Roads area with specialized cardiac and surgical services where monitoring failures and post-operative neglect have led to wrongful deaths. Virginia Beach Naval Medical Center treats active duty personnel and families, where emergency medicine errors and diagnostic failures have caused fatal outcomes. Walter Reed National Military Medical Center (Bethesda location serves Virginia residents) handles complex cases where surgical negligence and medication errors have resulted in preventable fatalities.

View all Virginia VA & Military Facilities

• Doctors dismissed or failed to investigate obvious symptoms like chest pain, difficulty breathing, severe headaches, or signs of infection
• Medical staff delayed emergency treatment, surgery, or critical interventions despite clear warning signs
• Your loved one received wrong medications, incorrect dosages, or dangerous drug combinations that caused fatal reactions
• Hospital staff failed to properly monitor vital signs, respond to alarms, or recognize deteriorating conditions
• Surgical errors occurred such as operating on wrong sites, leaving instruments inside, or inadequate post-operative care
• Emergency room staff sent your loved one home despite serious symptoms that required immediate treatment
• Medical records show conflicting information, missing documentation, or evidence of altered entries after the death occurred

Economic Damages

In Virginia wrongful death cases, you can recover economic losses, including lost future earnings based on the deceased's age, education, and career—often totaling hundreds of thousands or millions of dollars. Medical expenses before death, such as emergency treatment, surgeries, and intensive care, can reach tens of thousands of dollars. Funeral and burial expenses, typically ranging from $7,000 to $15,000, are fully recoverable. This includes the loss of benefits such as health insurance, retirement contributions, and pension benefits that family members would have received. Lost household services including childcare, home maintenance, and other contributions the deceased provided to the family.

Non-Economic Damages

Pain and suffering endured by the deceased before death, particularly in cases involving conscious suffering from medical negligence. Loss of companionship, guidance, and emotional support that surviving spouses, children, and parents have lost. Mental anguish and emotional distress experienced by family members due to the preventable nature of the death. Loss of parental guidance and nurturing that minor children will never receive from their deceased parent.

Virginia-Specific Considerations birth injury cases

Under Virginia's wrongful death statute (Va. Code § 8.01-50), damages are distributed according to specific statutory formulas based on surviving family members. Virginia does not impose damage caps on wrongful death cases, unlike medical malpractice caps that apply to injury cases under Va. Code § 8.01-581.15. However, since FTCA claims are filed against the federal government, Virginia's contributory negligence rule (Va. Code § 8.01-34) may apply if the deceased's actions contributed to their death.

Statute of Limitations: Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file wrongful death claims against VA and military facilities within two years of the claim's accrual date. Virginia's discovery rule may extend this deadline if the negligence was not immediately apparent, but federal courts apply this extension cautiously in FTCA cases.

Expert Witness Requirements: Virginia requires expert medical testimony in wrongful death cases under Va. Code § 8.01-581.20 to establish the standard of care, breach of that standard, and causation. The expert must be qualified in the same specialty as the defendant healthcare provider and demonstrate how the negligence directly caused the death rather than underlying medical conditions.

How to File a VA Medical Malpractice Claim in Virginia

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date you discovered or should have discovered the negligence that caused the death. Virginia's discovery rule may apply in cases where the malpractice was not immediately obvious, but federal courts strictly interpret this extension.

Virginia allows recovery of economic damages including lost earnings, medical expenses, and funeral costs, plus non-economic damages for pain and suffering and loss of companionship. Under Va. Code § 8.01-50, damages are distributed according to statutory formulas based on surviving family members.

No, Virginia's medical malpractice damage cap under Va. Code § 8.01-581.15 does not apply to wrongful death cases. However, since these are federal FTCA claims, other federal limitations may apply depending on the specific circumstances of your case.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for the doctor's negligence. Under 28 U.S.C. § 2679, federal employees are immune from personal lawsuits when acting within their scope of employment.

Yes, Virginia requires qualified medical expert testimony under Va. Code § 8.01-581.20 to prove standard of care violations and causation. The expert must practice in the same specialty as the healthcare provider whose negligence caused the death.

FTCA wrongful death cases typically take 18 months to 3 years to resolve, depending on case complexity and whether the government accepts liability. The mandatory administrative claim process under 28 U.S.C. § 2675 must be completed before filing a federal lawsuit, which can add 6-12 months to the timeline.

Under Va. Code § 8.01-50, the personal representative of the deceased's estate files the claim on behalf of surviving beneficiaries including spouses, children, and parents. The court appoints a personal representative if none was named in the deceased's will.

Virginia follows contributory negligence rules under Va. Code § 8.01-34, which can bar recovery if the deceased's actions contributed to their death. However, in federal FTCA cases, courts may apply comparative fault principles that reduce rather than eliminate damages based on the deceased's percentage of fault.

When you or a loved one has suffered preventable deaths due to medical negligence at VA and military hospitals 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 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.

• 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 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 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 Wrongful Death victims. Our Virginia 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 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 Surgical Errors Cases
• Virginia Emergency Room Errors Cases
• Virginia 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 Virginia, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your family's rights. The FTCA allows you to seek compensation when federal employees' negligence results in wrongful death, but you must follow strict deadlines and procedures.

You have two years from the date of death or when you reasonably should have known about the negligence to file your FTCA claim. Before filing a lawsuit, you must submit a Standard Form 95 (SF-95) to the Department of Veterans Affairs and allow them six months to investigate and respond to your claim. Missing these deadlines can permanently bar your right to recover compensation.

Having an attorney who is also a licensed physician provides a significant advantage in military medical malpractice cases. These doctor-attorneys can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their dual expertise helps build stronger cases by connecting medical negligence to the cause of death - a critical element in FTCA claims.

Through an FTCA wrongful death claim in Virginia, you may be able to recover various damages, including medical expenses incurred before death, funeral and burial costs, lost wages and benefits your loved one would have earned, and compensation for the family's loss of companionship and emotional suffering. If your loved one was the family breadwinner, you may also recover long-term financial support for dependent family members.

Don't navigate this complex process alone. Many law firms specializing in VA medical malpractice offer free initial case evaluations to help you understand your rights and options. During this consultation, an experienced attorney can review your case details, explain the FTCA process, and help determine if you have a valid claim. Time is critical in these cases, so it's important to speak with a qualified attorney as soon as possible to protect your rights and ensure all deadlines are met.

Remember, while monetary compensation cannot bring back your loved one, holding negligent parties accountable can help prevent similar tragedies and provide financial security for your family's future.

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