District of Columbia VA & Military Wrongful Death Malpractice Attorneys

Families expect the highest standard of medical treatment when entrusting loved ones to District of Columbia's VA medical centers and military hospitals. Tragically, preventable medical errors and negligence at these federal facilities can result in wrongful death, leaving families devastated and seeking answers about what went wrong.

DC law requires wrongful death claims within two years of death (D.C. Code § 16-2702), though federal facilities follow different rules. At the Archuleta Law Firm, our founding attorney is both a licensed physician and attorney, providing unique medical and legal expertise to understand complex wrongful death cases involving federal medical negligence. Because he is also a physician, our founding attorney can identify medical errors that other attorneys might miss.

If your loved one died due to medical negligence at a District of Columbia VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). While the FTCA allows claims against the federal government for medical malpractice, it involves complex procedures and strict deadlines different from state laws.

• Failure to Diagnose Critical Conditions: When physicians miss signs of heart attacks, strokes, sepsis, or cancer, delayed treatment can prove fatal. This negligence occurs when doctors fail to order appropriate tests, misinterpret symptoms, or ignore obvious warning signs that a competent physician would recognize.

• Medication Errors and Drug Interactions: Prescribing wrong medications, incorrect dosages, or failing to check for dangerous drug interactions can cause fatal reactions. Hospital staff may also administer medications incorrectly or fail to monitor patients for adverse reactions.

• Surgical Complications and Errors: Preventable deaths during surgery can result from anesthesia mistakes, operating on wrong body parts, leaving surgical instruments inside patients, or failing to control bleeding. Post-surgical negligence includes inadequate monitoring and failure to recognize complications.

• Emergency Room Negligence: Emergency departments must properly triage patients and provide timely care for life-threatening conditions. Fatal errors include misdiagnosing heart attacks as indigestion, failing to recognize signs of stroke, or discharging patients who require immediate treatment.

• Hospital-Acquired Infections: Preventable infections like MRSA, C. difficile, or surgical site infections can become fatal when hospitals fail to follow proper sanitation protocols or adequately treat infections once they develop.

• Inadequate Monitoring and Communication: Failure to properly monitor vital signs, respond to alarms, or communicate critical information between medical staff can result in preventable deaths from treatable conditions.

Our firm represents families in wrongful death cases at major federal medical facilities throughout the District of Columbia area. These facilities serve thousands of veterans and active-duty military personnel, making them high-volume centers where medical errors can have devastating consequences.

• Washington DC VA Medical Center - This major medical center provides comprehensive care to area veterans and has multiple specialty departments where complex medical decisions can lead to fatal errors if proper protocols aren't followed.

• Walter Reed National Military Medical Center (Bethesda, MD) - As the flagship military medical facility serving the DC area, Walter Reed handles the most complex cases and critical patients, where any deviation from the standard of care can prove fatal.

• Joint Base Andrews Medical Facility - This military treatment facility serves active-duty personnel and their families, providing emergency and routine care where negligence can result in preventable deaths.

• Fort Belvoir Community Hospital (Virginia) - Serving military families in the greater DC area, this facility provides comprehensive medical services where medical malpractice can have fatal consequences.

View all District of Columbia VA & Military Facilities

• Sudden, unexpected death during routine medical procedures or treatments that should not have been life-threatening
• Death following obvious misdiagnosis, such as dismissing heart attack symptoms as anxiety or failing to recognize signs of infection
• Fatal complications that occurred after medical staff ignored clear warning signs or failed to respond to medical emergencies
• Death resulting from medication errors, wrong dosages, or dangerous drug interactions that should have been prevented
• Preventable deaths from hospital-acquired infections when proper sanitation and infection control protocols were not followed
• Fatal delays in treatment when medical staff failed to recognize the urgency of life-threatening conditions
• Deaths following surgical procedures where standard safety protocols were not followed or post-operative care was inadequate

Economic Damages

Under DC law, families can recover specific economic losses resulting from wrongful death. These include the decedent's reasonably expected loss of income over their lifetime, considering factors like age, health, and career trajectory. Families may also recover for the services, protection, care, and assistance the deceased would have provided, such as childcare, household maintenance, and financial guidance. Medical expenses for care, treatment, and hospitalization related to the injury that caused death are recoverable, as are reasonable funeral and burial expenses.

Non-Economic Damages

Critical Limitation: District of Columbia law does NOT allow recovery for non-economic damages in wrongful death cases. Unlike many other jurisdictions, DC law specifically prohibits recovery for grief, loss of companionship, pain and suffering of family members, or solace to surviving relatives. This limitation was established in Hughes v. Pender, 391 A.2d 259 (D.C. 1978), and significantly restricts the types of damages available to grieving families.

Under the Federal Tort Claims Act (28 U.S.C. §§ 2671-2680), damages in federal cases are determined by the law of the state where the negligent act occurred. For District of Columbia cases, this means DC's restrictive approach to wrongful death damages applies to federal claims. The prohibition on non-economic damages under DC law (D.C. Code § 16-2702) makes these cases particularly challenging, as families cannot recover for their emotional suffering and loss of companionship. However, economic damages can still be substantial, particularly when the deceased was young and had significant earning potential or provided extensive services to the family.

Statute of Limitations: The Federal Tort Claims Act requires that administrative claims be filed within two years of the negligent act or omission (28 U.S.C. § 2675), not from the date of death. This creates a critical distinction from DC's wrongful death statute, which provides two years from the date of death (D.C. Code § 16-2702). For federal claims, if the administrative claim is denied, families have only six months from the date of mailing of the denial to file a lawsuit in federal court.

Expert Witness Requirements: Medical malpractice wrongful death cases require expert medical testimony to establish the standard of care, how it was breached, and how that breach caused the death. The expert must be qualified in the same medical specialty as the defendant and be familiar with the applicable standard of care at the time of the incident.

Administrative Exhaustion: Unlike state court cases, FTCA claims must first be presented to the federal agency using Standard Form 95. This administrative process must be completed before any lawsuit can be filed in federal court.

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

Under the Federal Tort Claims Act, you must file an administrative claim within two years of the negligent act that caused death, not two years from the date of death. This is different from DC state law and can create a shorter window for filing federal claims.

DC law allows recovery for economic damages including lost income, services the deceased provided, medical expenses, and funeral costs. However, DC law prohibits recovery for non-economic damages like grief, loss of companionship, or emotional suffering of family members.

While DC has specific limitations on wrongful death damages (particularly the prohibition on non-economic damages under D.C. Code § 16-2702), there are no statutory caps on the total amount of economic damages recoverable in federal wrongful death cases.

No, you cannot sue individual military doctors or VA physicians directly. Under the FTCA, you must sue the United States government, and the individual healthcare providers are protected by federal immunity when acting within their official duties.

Yes, wrongful death medical malpractice cases require expert medical testimony to prove the standard of care was breached and that breach caused the death. The expert must be qualified in the relevant medical specialty and familiar with applicable standards of care.

Federal wrongful death cases typically take 2-4 years to resolve. The process includes a mandatory administrative claim period (which can take 6 months to 2 years), followed by federal litigation if the administrative claim is denied.

Under DC law, wrongful death claims must be filed by the personal representative of the deceased's estate, not by individual family members directly. The personal representative then distributes any recovery among eligible beneficiaries according to DC law.

If the VA denies your administrative claim or fails to respond within six months, you have exactly six months from the date of mailing of the denial to file a lawsuit in federal district court. Missing this deadline bars your claim permanently.

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

• 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 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 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 Wrongful Death victims. Our District of Columbia 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 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 Surgical Errors Cases
• District of Columbia Emergency Room Errors Cases
• District of Columbia 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

When you lose a loved one due to negligent medical care at a VA facility in the District of Columbia, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your family's rights. As a veteran or military family member, you must file your FTCA claim within two years of when you knew or should have known about the medical negligence that led to your loved one's death. This starts by filing a Standard Form 95 with the Department of Veterans Affairs, after which the agency has six months to respond to your claim before you can file a federal lawsuit.

Working with an attorney who is also a licensed medical doctor can significantly strengthen your wrongful death case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. Their dual expertise helps establish the direct connection between the negligent care and your loved one's death – a critical element in FTCA cases.

Under D.C. law and the FTCA, you may be eligible to recover several types of damages in a wrongful death case. These can include medical expenses incurred before death, funeral and burial costs, loss of financial support and benefits, loss of companionship and guidance, and compensation for the pain and suffering your loved one experienced before passing. For military families, calculations must often account for military benefits, pensions, and specialized medical care costs.

Time is critical in these cases, as evidence needs to be preserved and expert witnesses must be consulted. The VA's own investigation may be ongoing, and you need experienced legal representation to protect your interests. You shouldn't have to navigate this complex process alone while grieving your loss.

We encourage you to reach out for a free, confidential case evaluation with our doctor-attorneys who specialize in VA medical malpractice cases. There is no obligation, and we can help you understand your rights under the FTCA and D.C. law. Our team will review your case details, explain the process, and help you determine the best path forward for your family. Don't let critical deadlines pass – contact us today to ensure your family's rights are protected.

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

• District of Columbia Surgical Errors Cases
• 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