District of Columbia VA & Military Surgical Errors Malpractice Attorneys

When veterans and military families seek surgical care at District of Columbia's federal medical facilities, they deserve the highest standard of medical care. Unfortunately, surgical errors at VA and military hospitals can result in devastating complications, permanent disabilities, and even death—often due to preventable medical negligence.

The VA Office of Inspector General reports that surgical complications and errors make up a significant portion of VA healthcare system malpractice claims. At the Archuleta Law Firm, our founding attorney is both a licensed physician and attorney, providing unique medical expertise that other District of Columbia surgical errors lawyers simply cannot match. This dual background allows us to identify medical negligence that other attorneys might miss and build stronger cases for our clients.

If you or a loved one suffered harm from surgical errors at a District of Columbia VA medical center or military hospital, you have legal rights under the Federal Tort Claims Act (FTCA). FTCA claims require specialized knowledge of both federal law and medical standards, unlike standard DC malpractice cases.

• Wrong-Site Surgery: Operating on the incorrect body part, organ, or surgical site represents a clear violation of established safety protocols. Surgical teams must verify patient identity, procedure, and site before any incision under Universal Protocol, making wrong-site surgery preventable.

• Retained Surgical Instruments: Leaving sponges, clamps, or other surgical instruments inside a patient's body after surgery violates basic surgical standards. Proper instrument counts before and after surgery are mandatory protocols, and failure to follow these procedures constitutes medical malpractice.

• 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. Anesthesiologists must maintain continuous monitoring and respond appropriately to changes in patient condition.

• Infection Control Failures: Surgical site infections often result from breaches in sterile technique, inadequate sterilization of instruments, or failure to properly prepare the surgical site. When infections occur due to preventable lapses in infection control protocols, medical malpractice has occurred.

• Inadequate Post-Operative Monitoring: If medical staff fail to recognize and respond to post-surgical complications such as bleeding, infection, or organ dysfunction, manageable complications can transform into life-threatening emergencies. Proper post-operative care requires vigilant monitoring, and medical staff must promptly intervene when problems arise.

• Communication Breakdowns: If the surgical team members communicate poorly, fail to review patient medical history, or medical staff inadequately perform handoffs, critical errors can occur during surgery and recovery.

Our firm represents clients who suffered surgical errors at major federal medical facilities throughout the District of Columbia area. At these facilities, medical staff handle complex surgical procedures, and errors can have devastating consequences.

Walter Reed National Military Medical Center (Bethesda, MD) - This premier military medical facility performs thousands of surgeries annually, including complex trauma surgeries for wounded service members; therefore, surgical errors can compound existing injuries.

VA Medical Center (Washington, DC) - The primary VA hospital serving District of Columbia veterans provides surgical services across multiple specialties, where high patient volumes and staffing challenges can contribute to surgical mistakes.

Malcolm Grow Medical Clinics and Surgery Center (Joint Base Andrews, MD) - This military treatment facility serves active duty personnel and their families, performing both routine and emergency surgical procedures where negligence can occur.

Naval Support Activity Bethesda - Military medical facilities at this installation provide surgical care where errors in procedure or post-operative care can result in serious complications.

View all District of Columbia VA & Military Facilities

• Surgery was performed on the wrong body part, organ, or surgical site different from what was planned and consented to
• Foreign objects such as surgical sponges, instruments, or clamps were discovered inside your body after surgery
• You developed severe infections at the surgical site that required additional surgeries or extended hospitalization
• You experienced unexpected complications that medical staff seemed unprepared to handle or delayed in addressing
• Your surgical incision was made in the wrong location or extended far beyond what was necessary for the procedure
• You suffered nerve damage, paralysis, or loss of function in areas unrelated to the intended surgical site
• Medical staff provided conflicting information about what went wrong during your surgery or seemed evasive about complications

District of Columbia law permits full recovery of economic damages without statutory caps, though FTCA claims are limited to compensatory damages only. Economic damages in surgical errors cases typically include:

• Corrective surgeries and revision procedures to address surgical mistakes
• Extended hospitalization costs resulting from complications
• Lifetime medical care and rehabilitation services for permanent injuries
• Lost wages and diminished earning capacity due to prolonged recovery or disability
• Medical equipment and assistive devices needed due to surgical complications
• Home healthcare services and modifications to accommodate new limitations

Non-economic damages compensate for intangible losses resulting from surgical errors:

• Physical pain and suffering from additional procedures and complications
• Mental anguish and emotional distress from medical trauma
• Loss of enjoyment of life activities you can no longer perform
• Disfigurement and scarring from corrective surgeries
• Loss of consortium affecting relationships with family members

Under District of Columbia law, there are no medical malpractice damage caps (DC Code § 16-2701), unlike neighboring Maryland and Virginia. However, FTCA claims against federal facilities operate under federal law, which prohibits punitive damages (28 U.S.C. § 2674). The Federal Tort Claims Act allows only compensatory damages, meaning you cannot recover punitive damages regardless of how egregious the surgical error. Additionally, District of Columbia's contributory negligence rule may apply to FTCA cases, where any patient negligence could potentially bar recovery, though this rarely applies to surgical errors cases where patients are under anesthesia and medical care.

Statute of Limitations: FTCA claims must be filed with the responsible federal agency within two years of discovering the surgical error (28 U.S.C. § 2401). This federal deadline is shorter than District of Columbia's three-year medical malpractice statute of limitations (DC Code § 12-301). The federal discovery rule from Kubrick v. United States applies, meaning the two-year period begins when you knew or reasonably should have known both that you were injured and that the injury was caused by medical negligence.

Expert Witness Requirements: While District of Columbia does not require certificates of merit before filing medical malpractice cases (unlike Maryland), FTCA surgical errors claims require medical expert testimony to establish the standard of care and how it was violated. Surgical errors cases typically require expert witnesses from the same surgical specialty to testify about proper surgical procedures and how the defendant's actions fell below accepted medical standards.

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

FTCA claims must be filed within two years of discovering the surgical error under 28 U.S.C. § 2401(b). This federal deadline applies to all VA and military hospital claims, regardless of District of Columbia's longer three-year medical malpractice statute of limitations. The clock starts when you knew or should have known that surgical negligence caused your injury.

You can recover all economic damages including medical expenses, lost wages, and future care costs without caps under District of Columbia law. However, FTCA claims are limited to compensatory damages only—punitive damages cannot be recovered against the federal government under 28 U.S.C. § 2674, regardless of how severe the surgical error.

District of Columbia has no medical malpractice damage caps, but this advantage doesn't apply to FTCA claims against federal facilities. Federal law governs these cases, prohibiting punitive damages and limiting recovery to actual compensatory damages for medical expenses, lost income, and pain and suffering.

You cannot sue individual military doctors personally. Under the Feres Doctrine and FTCA, you must file a claim against the United States government. The claim is filed against the federal agency operating the hospital, not the individual surgeon who made the error.

Yes, FTCA surgical errors claims require medical expert testimony to establish the standard of care and prove negligence. The expert must typically be from the same surgical specialty and be qualified to testify about proper surgical procedures and how they were violated in your case.

FTCA cases typically take 2-4 years from filing the administrative claim to resolution. You must first file an administrative claim with the federal agency, wait up to six months for their response, then have six months to file a federal lawsuit if the claim is denied. The case is decided by a federal judge without a jury.

Military hospital surgical errors are handled under the same FTCA process as VA hospital claims. Recent changes in the National Defense Authorization Act allow some active duty service members to file claims that were previously barred, but the same two-year filing deadline and administrative requirements apply.

Recent NDAA provisions have created limited exceptions to the Feres Doctrine for certain medical malpractice claims by active duty personnel. However, these cases involve complex legal analysis, and you should consult with an experienced FTCA attorney to determine if your surgical errors claim qualifies under the new provisions.

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

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

District of Columbia VA Malpractice Information

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

Other District of Columbia Case Types We Handle

• District of Columbia Emergency Room Errors Cases
• District of Columbia Brain Injury Cases
• District of Columbia 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 facility in the District of Columbia, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at a VA facility has caused harm, but you must act within strict timeframes to protect your rights.

You have two years from the date you discovered (or reasonably should have discovered) the surgical error to file an administrative claim with the VA using Standard Form 95. This is a critical deadline - missing it can permanently bar your claim. Once you file, the VA has six months to investigate and respond to your claim. 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 practices, effectively communicate with medical experts, and translate complex medical information into compelling legal arguments.

Through an FTCA claim, you may be entitled to recover various damages, including all past and future medical expenses related to correcting the surgical error, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. For military families, this can also include the cost of ongoing care and support services needed due to the surgical error.

If you or a family member has experienced a surgical error at a VA facility in D.C., you can request a free, confidential case evaluation to understand your options. An experienced doctor-attorney can review your medical records, explain how the FTCA process works, and help determine if you have a valid claim - all at no cost to you. Don't let uncertainty about the process prevent you from seeking the compensation you deserve for substandard VA medical care. The sooner you reach out, the better positioned you'll be to protect your rights and pursue justice.

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

• District of Columbia Emergency Room Errors Cases
• District of Columbia Brain Injury Cases
• District of Columbia Spinal Cord Injury Cases
• District of Columbia Misdiagnosis Cases
• District of Columbia Medication Errors Cases
• District of Columbia Wrongful Death Cases