Washington VA & Military Wrongful Death Malpractice Attorneys

Preventable medical errors at Washington's VA medical centers and military hospitals devastate families far beyond their immediate loss. Negligence, delays, or failures to follow protocols can cause preventable deaths where proper care could have saved a life.

According to a Johns Hopkins study, medical errors are the third leading cause of death in the United States, accounting for more than 250,000 deaths annually. Our founding attorney is a licensed attorney and medical doctor, combining legal expertise with medical training to offer unique insight into preventable medical tragedies. This expertise allows us to identify when healthcare providers at federal facilities failed to meet the standard of care to save your loved one's life.

If you lost a family member due to medical negligence at a Washington VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). You must understand your rights and critical deadlines to secure justice and compensation for your family.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss or delay diagnosis of heart attacks, strokes, sepsis, or pulmonary embolisms, patients can die from conditions that were treatable if caught in time. This constitutes malpractice when symptoms were present and standard diagnostic protocols were not followed.

• Medication Errors and Drug Interactions: Fatal reactions can occur from the wrong medication, incorrect dosages, or failure to check for dangerous drug interactions. Healthcare providers must verify prescriptions and monitor patients for adverse effects.

• Surgical Errors and Post-Operative Negligence: Deaths during or after surgery due to anesthesia errors, wrong-site procedures, or failure to monitor patients during recovery represent clear violations of surgical standards of care that should prevent these preventable deaths.

• Emergency Room Delays and Misdiagnosis: When emergency department staff fail to properly triage patients or dismiss serious symptoms, patients with time-sensitive conditions may die while waiting for appropriate care or after being discharged inappropriately.

• Hospital-Acquired Infections: Deaths from preventable infections like MRSA or C. diff that occur due to inadequate sterilization protocols, poor hygiene practices, or failure to isolate infectious patients represent institutional negligence.

• Failure to Respond to Medical Emergencies: When staff fail to recognize or respond appropriately to cardiac arrest, respiratory failure, or other medical emergencies, preventable deaths can occur due to delayed or inappropriate intervention.

We represent families in wrongful death cases at major VA and military medical facilities throughout Washington state. These facilities handle complex medical cases where the margin for error can mean the difference between life and death.

• VA Puget Sound Health Care System (Seattle) - This major medical center provides comprehensive care including emergency services, surgery birth injuries, and specialty care where diagnostic and treatment errors can prove fatal.

• Madigan Army Medical Center (Tacoma) - As one of the largest military hospitals on the West Coast, Madigan handles high-risk procedures and emergency care where surgical errors and treatment delays can result in preventable deaths.

• Naval Hospital Bremerton - This facility provides emergency and specialty care to Navy personnel and their families, where failures in emergency response or post-operative care can lead to tragic outcomes.

• Fairchild Air Force Base Medical Clinic (Spokane) - While smaller than major medical centers, this facility handles emergency care and referrals where delays or misdiagnosis can prove fatal.

View all Washington VA & Military Facilities

• Your loved one's condition was treatable or manageable, but they died suddenly or unexpectedly during treatment
• Medical staff dismissed or failed to investigate serious symptoms that your family member reported
• There were significant delays in diagnosis, treatment, or emergency response when time was critical
• Your loved one died from a hospital-acquired infection or complication that developed during their stay
• The death occurred during or shortly after a routine procedure that should not have been life-threatening
• Medical records show conflicting information, missing documentation, or evidence that protocols were not followed
• Multiple medical opinions suggest that different treatment decisions could have prevented the death
• Your loved one was discharged from the emergency room despite serious symptoms and died shortly after
• The cause of death was related to medication errors, wrong dosages, or dangerous drug interactions
• Hospital staff seemed unprepared for medical emergencies or failed to respond appropriately to crisis situations

Economic Damages

Under the Federal Tort Claims Act, families can recover substantial economic damages based on Washington state law. These include the deceased's expected lifetime earnings, which can range from hundreds of thousands to millions of dollars depending on age, career, and earning potential. Medical expenses incurred before death, including emergency care, hospitalization, and unsuccessful treatment attempts, are fully recoverable. Funeral and burial costs, which average $7,000-$15,000 in Washington, are compensable. Additionally, families can recover for the loss of household services the deceased would have provided, such as childcare, home maintenance, and financial management—services that would cost thousands annually to replace.

Non-Economic Damages

Washington law allows recovery for the profound emotional and relational losses that accompany wrongful death. This includes compensation for loss of companionship, guidance, and emotional support that the deceased provided to their spouse and children. Families can also recover for the loss of consortium—the intimate relationship between spouses that was permanently severed. The grief, emotional distress, and psychological impact on surviving family members, particularly children who lost a parent, are significant factors in determining non-economic damages.

Washington-Specific Considerations

Under Washington's wrongful death statute (RCW 4.20.010), the personal representative of the estate must bring the claim on behalf of eligible beneficiaries. Washington follows a three-year statute of limitations for wrongful death claims (RCW 4.16.080), but FTCA claims must be filed within two years, making the federal deadline controlling. Washington does not impose damage caps on wrongful death cases, allowing full recovery of both economic and non-economic losses. The state's comparative fault rules may apply if the deceased contributed to their own death, potentially reducing but not eliminating recovery.

Statute of Limitations The Federal Tort Claims Act requires that administrative claims be filed within two years of the wrongful death (28 U.S.C. § 2675). While Washington state law provides three years for wrongful death claims (RCW 4.16.080), the federal deadline controls for VA and military hospital cases. Missing this two-year deadline permanently bars your claim, regardless of the strength of your case.

Expert Witness Requirements Washington requires medical expert testimony to establish the standard of care and prove that negligence caused the death. Under Washington law, medical experts must be qualified in the same specialty as the defendant healthcare provider and must establish what a reasonably prudent medical professional would have done under similar circumstances. The expert must also prove that the deviation from standard care was a proximate cause of the death.

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

You must file an administrative claim under the Federal Tort Claims Act within two years of your loved one's death (28 U.S.C. § 2675). Although Washington state law allows three years for wrongful death claims (RCW 4.16.080), the federal deadline controls and missing it permanently bars your case.

Washington law allows recovery of both economic damages (lost earnings, medical expenses, funeral costs) and non-economic damages (loss of companionship, emotional distress). Washington does not cap wrongful death damages, allowing full compensation based on your loved one's age, earning capacity, and relationship with survivors.

No, you cannot sue individual military doctors or VA physicians personally. Under the Federal Tort Claims Act, the U.S. government assumes liability for federal employees acting within their scope of employment. Your claim must be filed against the United States government, not individual healthcare providers.

Yes, Washington requires qualified medical expert testimony to prove that healthcare providers violated the standard of care and that this negligence caused your loved one's death. The expert must be qualified in the same medical specialty and demonstrate what proper care should have been provided.

FTCA cases typically take 12-24 months for the administrative phase, during which the government investigates your claim. If denied, federal court litigation can add another 1-3 years. The timeline depends on case complexity, the government's cooperation, and whether settlement negotiations are successful.

Washington follows comparative fault principles, meaning that if your loved one's actions contributed to their death, any recovery may be reduced proportionally. However, if medical negligence was a substantial factor in causing the death, you can still recover compensation even if other factors were involved.

Yes, if your loved one died at a Washington VA or military facility, you can file an FTCA claim regardless of where family members live. The claim is governed by Washington law for damages purposes, but the federal filing process applies to all eligible beneficiaries nationwide.

Essential evidence includes complete medical records, autopsy reports, witness statements from family and medical staff, and expert medical testimony establishing negligence and causation. Documentation of your loved one's earnings, family relationships, and the impact of their death on survivors is also crucial for proving damages.

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

• 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 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 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 Wrongful Death victims. Our Washington 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 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 Surgical Errors Cases
• Washington Emergency Room Errors Cases
• Washington 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 Washington state, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows military families and veterans to seek compensation when negligent medical care leads to wrongful death, but you must act within strict timeframes to protect your rights.

You have two years from the date of death or when you reasonably should have known about the negligence to file an administrative claim using Standard Form 95. Once you submit this 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. Missing these deadlines can permanently bar your claim, which is why consulting with an experienced FTCA attorney early in the process is essential.

Having an attorney who is also a medical doctor provides a distinct advantage in military medical malpractice cases. They can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with expert witnesses. This dual expertise is particularly valuable when dealing with the unique aspects of VA healthcare and military medical protocols.

Under the FTCA, you may be entitled to recover various damages, including all medical expenses related to the negligent care, funeral and burial costs, lost wages and benefits (including military benefits), loss of future earnings, and compensation for pain and suffering. Washington state law also allows surviving family members to recover damages for loss of companionship and mental anguish.

Given the complexity of FTCA claims and the specialized knowledge required to successfully navigate both the administrative and legal processes, we encourage you to contact our office for a free case evaluation. Our team includes physician-attorneys who understand both the medical and legal aspects of your case. We can review your loved one's medical records, explain your rights, and help determine the best path forward for your family. There's no obligation, and we only get paid if we win your case. Don't let confusion about the process prevent you from seeking the justice and compensation your family deserves.

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

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