Washington VA & Military Surgical Errors Malpractice Attorneys

Military families and veterans trust Washington's VA medical centers and military hospitals to provide the highest standard of surgical care. Unfortunately, preventable surgical errors continue to occur at federal facilities, leaving patients with devastating injuries, additional medical complications, and mounting healthcare costs.

Surgical errors represent some of the most serious forms of medical malpractice, often resulting in permanent disability, organ damage, or life-threatening complications. Our founding attorney is both a licensed attorney and medical doctor, offering unique insight into surgical standards and medical negligence cases. We've recovered over $145 million for clients and have 25+ years of experience handling Federal Tort Claims Act cases, so we understand the complex medical and legal issues involved in surgical error cases.

If you or a loved one was harmed by a surgical error at a Washington VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). Understand these rights and Washington laws to secure compensation for medical negligence at federal facilities.

• Wrong-Site Surgery: Operating on the incorrect body part, wrong patient, or wrong surgical site represents a complete breakdown in safety protocols. These "never events" occur when surgical teams fail to follow proper verification procedures, resulting in unnecessary procedures and leaving the original medical condition untreated.

• Retained Surgical Instruments: It violates basic surgical standards to leave sponges, clamps, retractors, or other surgical tools inside a patient's body after surgery. Under Washington law (RCW 4.16.350), the discovery rule applies specifically to retained foreign bodies, recognizing that patients may not immediately know surgical instruments were left behind.

• Anesthesia Errors: Administering incorrect dosages, failing to monitor vital signs during surgery, or inadequate pre-operative assessment can lead to brain damage, cardiac arrest, or intraoperative awareness. Anesthesiologists must maintain continuous monitoring and respond appropriately to changes in patient condition.

• Improper Surgical Technique: Cutting or damaging healthy organs, nerves, or blood vessels during surgery often results from rushing procedures, inadequate surgical planning, or failure to follow established protocols. Such errors can cause permanent disability, chronic pain, or require additional corrective surgeries.

• Post-Operative Negligence: Failing to properly monitor patients after surgery, missing signs of infection, or inadequate wound care can transform routine procedures into life-threatening complications. Proper post-operative care is essential for preventing complications and ensuring successful recovery.

• Communication Failures: Poor communication between surgical team members, failure to review patient charts thoroughly, or inadequate handoff procedures between shifts can result in critical errors that compromise patient safety and violate established standards of care.

We represent patients who suffered surgical errors at major VA and military medical facilities throughout Washington state. These facilities handle complex surgical procedures where errors can have devastating consequences for patients and their families.

VA Puget Sound Health Care System (Seattle & Tacoma) - This major VA medical center serves thousands of veterans annually and performs a wide range of surgical procedures where errors in technique or post-operative care can result in serious complications.

Madigan Army Medical Center (Tacoma) - As one of the largest military medical centers on the West Coast, Madigan handles complex surgeries for active duty service members and their families, where surgical errors can impact military careers and family stability.

Naval Hospital Bremerton - This naval medical facility provides surgical services to Navy personnel and their dependents, where errors during procedures can result in permanent disability affecting military service and civilian employment.

VA Medical Center Spokane - Serving veterans throughout Eastern Washington, this facility performs numerous surgical procedures where errors in surgical technique or anesthesia management can cause life-altering complications.

View all Washington VA & Military Facilities

• Unexpected complications that require additional surgeries or extended hospitalization beyond what was originally anticipated
• Discovery of surgical instruments, sponges, or other foreign objects left inside your body after the procedure
• Surgery performed on the wrong body part, wrong side, or entirely wrong procedure than what was planned
• Severe infections, excessive bleeding, or organ damage that occurs during or immediately after surgery
• Anesthesia awareness (being conscious during surgery) or anesthesia-related brain damage or cardiac complications
• Permanent nerve damage, paralysis, or loss of function that was not discussed as a known risk of the procedure
• Medical records that are incomplete, altered, or contain conflicting information about what occurred during your surgery

Economic Damages

Washington surgical error victims can recover comprehensive economic damages to address the full financial impact of medical negligence. These include lifetime medical care costs for ongoing treatment and rehabilitation, lost wages and diminished earning capacity from permanent disabilities, additional surgical procedures needed to correct the original error, specialized medical equipment and home modifications for disability accommodation, physical therapy and occupational therapy costs for recovery, and prescription medications and ongoing medical monitoring expenses.

Non-Economic Damages

Surgical errors often cause profound non-economic harm that extends far beyond medical bills. Victims can recover compensation for physical pain and suffering from the original error and subsequent corrective procedures, emotional distress and trauma from the medical negligence, 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 spousal consortium.

Washington-Specific Considerations Washington birth injury claims

Washington does not impose caps on compensatory damages in medical malpractice cases, allowing full recovery for both economic and non-economic losses. However, FTCA claims against federal facilities are governed by federal law (28 U.S.C. § 2674), which prohibits punitive damages and limits recovery to actual compensatory damages. Under Washington's statute of limitations (RCW 4.16.350), medical malpractice claims must generally be filed within three years of the incident or one year from discovery, but FTCA claims require filing an administrative claim within two years regardless of state law discovery rules.

Statute of Limitations FTCA surgical error claims must be filed within two years of the incident under federal law (28 U.S.C. § 2675), which is stricter than Washington's three-year general limitation period under RCW 4.16.350. While Washington law provides a discovery rule allowing one year from when the patient discovered or reasonably should have discovered the injury, the federal two-year deadline applies to all FTCA claims regardless of when the error was discovered.

Expert Witness Requirements Washington medical malpractice cases require expert testimony to establish the standard of care and prove negligence occurred. For surgical error cases, expert witnesses must typically be practicing physicians in the same specialty who can testify about proper surgical techniques, anesthesia protocols, and post-operative care standards that were violated in your case.

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

FTCA claims for surgical errors must be filed within two years of the incident under federal law (28 U.S.C. § 2675). This federal deadline applies even though Washington state law (RCW 4.16.350) generally allows three years for medical malpractice claims. The shorter federal deadline takes precedence for all VA and military hospital cases.

You can recover all economic damages including medical expenses, lost wages, and future care costs, plus non-economic damages for pain and suffering. Washington does not cap compensatory damages, but FTCA claims cannot include punitive damages under federal law (28 U.S.C. § 2674).

No, you cannot sue individual military doctors or VA physicians directly. Under the FTCA, your claim must be filed against the United States government, which assumes liability for negligent acts by federal employees acting within the scope of their employment.

Yes, surgical error cases require expert testimony from qualified medical professionals, typically surgeons in the same specialty. These experts must establish the standard of care and explain how the defendant's actions fell below acceptable medical standards.

FTCA cases typically take 18-36 months to resolve, depending on case complexity and whether the government accepts liability. The process begins with filing Form 95 with the appropriate federal agency, followed by a six-month administrative review period before filing suit in federal court.

Retained surgical instruments constitute clear medical malpractice and may qualify under Washington's foreign body discovery rule (RCW 4.16.350). However, you must still file your FTCA administrative claim within two years of the surgery, regardless of when the retained object was discovered.

Not all surgical complications constitute malpractice. You must prove that the surgeon, anesthesiologist, or surgical team failed to meet the accepted standard of care. Inherent risks that were properly disclosed generally do not support malpractice claims, even if serious complications result.

Missing the two-year FTCA deadline typically bars your claim permanently, even if Washington state law would allow more time. Very limited exceptions exist for extraordinary circumstances, making it crucial to consult with an experienced FTCA attorney as soon as possible after discovering surgical negligence.

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

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

Washington VA Malpractice Information

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

Other Washington Case Types We Handle

• Washington Emergency Room Errors Cases
• Washington Brain Injury Cases
• Washington 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 Washington state, 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 injury or harm, but you must follow strict deadlines and procedures.

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 - missing it can permanently bar your claim. 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 apply to your surgery. They can effectively review medical records, identify deviations from accepted surgical practices, and articulate how these errors caused your injuries in terms that both the VA and federal courts will understand.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses related to correcting the surgical error, lost wages and reduced earning capacity, and compensation for pain and suffering. For military families, this can also include the cost of in-home care and modifications needed due to the surgical injury. Unlike military disability benefits, FTCA claims can provide comprehensive compensation for all your losses.

If you or a family member has experienced a surgical error at a VA facility in Washington, you should consider having your case evaluated by an experienced FTCA attorney as soon as possible. Many firms offer free initial consultations to review your situation and explain your options. Don't wait until it's too late - reaching out early ensures you have time to gather medical evidence, file necessary paperwork, and build a strong case while staying within the FTCA's strict deadlines. Your service and sacrifice deserve proper medical care, and when that standard isn't met, you deserve full and fair compensation.

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

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