The Louis A. Johnson VA Medical Center in Clarksburg, West Virginia serves as a critical healthcare facility for veterans across north-central West Virginia. The facility provides essential medical services like emergency care, surgery, cardiology, and mental health treatment. However, medical negligence can cause serious harm to our veterans.
Our firm's founder, a licensed medical doctor and attorney, expertly handles complex VA medical malpractice cases. We've recovered over $145 million for veterans and military families who have suffered harm due to medical negligence at VA facilities like the Louis A. Johnson VA Medical Center.
Claims against this facility must be pursued under the Federal Tort Claims Act (FTCA), so specialized knowledge of federal law and medical standards of care is needed. Our unique combination of medical and legal expertise allows us to thoroughly evaluate potential claims and advocate effectively for veterans who have been harmed.
About Louis A. Johnson VA Medical Center
Located at 1 Medical Center Drive in Clarksburg, the Louis A. Johnson VA Medical Center is a comprehensive veterans' healthcare facility named after former Secretary of Defense Louis A. Johnson. The medical center serves veterans throughout north-central West Virginia with a wide range of medical services and specialties.
The facility offers 24/7 emergency care, primary care, mental health services, and specialty services like cardiology, gastroenterology, audiology, and dermatology. The facility has updated its quality management and patient safety protocols after recent comprehensive healthcare inspections.
As part of the VA healthcare system in West Virginia, this medical center plays a vital role in providing accessible healthcare to veterans in the region. The facility coordinates with other VA locations throughout the state to ensure veterans receive necessary medical care and specialized treatments.
Common Types of Malpractice at Louis A. Johnson VA Medical Center
Surgical Errors: Operating room mistakes can include wrong-site surgery, retained surgical instruments, or anesthesia errors. These errors often occur due to communication breakdowns or inadequate pre-operative protocols. Learn more about surgical malpractice claims →
Emergency Room Mistakes: With its 24/7 emergency department, errors can include delayed treatment, misdiagnosis of serious conditions, or failure to properly monitor patients. VA staffing challenges can contribute to these issues. Learn more about emergency room errors →
Diagnostic Errors: Delayed or missed diagnoses can lead to serious harm, particularly in critical conditions like cancer or heart disease. These errors may result from overwhelmed staff or inadequate follow-up procedures. Learn more about misdiagnosis claims →
Medication Errors: Incorrect medication dosages, dangerous drug interactions, or administration errors can cause serious harm. VA electronic health record systems and pharmacy protocols play a critical role in preventing these errors. Learn more about medication error claims →
Filing an FTCA Claim Against Louis A. Johnson VA Medical Center
Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing a lawsuit for medical malpractice. This claim must be filed using Standard Form 95 (SF-95) with the appropriate VA Regional Counsel office serving the Louis A. Johnson VA Medical Center.
The administrative claim must be filed within two years of when you knew or should have known about the malpractice. The VA then has six months to investigate and respond to your claim. If your claim is denied or the six-month period expires without a response, you have six months to file a federal lawsuit.
Key evidence must be gathered and preserved, including medical records, witness statements, and expert opinions. Our doctor-attorney team understands both the medical complexities and legal requirements for building a strong FTCA claim against this facility.
For complete step-by-step instructions, see our comprehensive guide: How to File a VA Medical Malpractice Claim in West Virginia →
West Virginia Legal Considerations for Louis A. Johnson VA Medical Center Claims
While West Virginia state law establishes a two-year statute of limitations for medical malpractice claims (W. Va. Code § 55-7B-4), FTCA claims follow federal deadlines. However, West Virginia's medical malpractice damage caps may influence FTCA claim values, as federal courts often consider state law limitations.
For detailed information about how West Virginia law affects VA medical malpractice claims, visit our state guide: Military & VA Medical Malpractice in West Virginia →
How do I file a malpractice claim against Louis A. Johnson VA Medical Center?
You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel. This must include detailed information about your injury and medical evidence supporting your claim. Our firm can handle this entire process for you.
What is the deadline for filing a claim against Louis A. Johnson VA Medical Center?
You have two years from the date you discovered (or should have discovered) the malpractice to file your administrative claim. Missing this deadline can permanently bar your right to compensation.
Can I sue Louis A. Johnson VA Medical Center directly?
No, you cannot sue the facility directly. Claims must be filed under the Federal Tort Claims Act (FTCA) against the United States government, not individual facilities or providers.
What damages can I recover for malpractice at Louis A. Johnson VA Medical Center?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to your injury. The exact amount depends on the severity of harm and impact on your life.
Do I need a West Virginia attorney for my Louis A. Johnson VA Medical Center claim?
While not required, working with an attorney experienced in both medical and VA legal matters significantly improves your chances of success. Our firm handles FTCA claims nationwide and has a doctor-attorney reviewing cases.
What happens if my administrative claim is denied?
If your claim is denied, you have six months to file a federal lawsuit. This requires extensive legal expertise in both FTCA law and medical evidence presentation.
Other VA & Military Facilities in West Virginia
We also handle medical malpractice cases at these West Virginia facilities:
Understanding Your FTCA Rights
If you or a family member received negligent medical care at the Louis A. Johnson VA Medical Center in Clarksburg, West Virginia, you may have the right to pursue a Federal Tort Claims Act (FTCA) claim against the federal government. However, these claims have strict deadlines and procedures that must be followed precisely.
You must file your FTCA claim within two years of when you knew or should have known about the medical negligence. This involves submitting a detailed Standard Form 95 to the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim. Only after this administrative process can you file a federal lawsuit if necessary.
For VA medical malpractice cases specifically involving the Clarksburg facility, working with an attorney who is also a medical doctor provides crucial advantages. A doctor-attorney can thoroughly review your medical records, identify deviations from the standard of care, and effectively communicate with medical experts. This dual expertise is particularly valuable given the complexity of veterans' healthcare and the specific challenges faced at the Louis A. Johnson VAMC.
Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For veterans who have experienced additional disabilities or worsening conditions due to negligent care, the compensation can help cover long-term care needs and support services. Family members may also be entitled to compensation for loss of companionship and support.
Given the complexity of FTCA claims and the specialized nature of VA medical care, you should not attempt to navigate this process alone. Many experienced FTCA attorneys offer free case evaluations to veterans and their families. During this consultation, they can review your medical records, explain your legal rights, and help determine if you have a viable claim. Remember, there are no upfront costs, as FTCA attorneys typically work on a contingency fee basis, meaning they only get paid if they recover compensation for you.
Don't wait to seek legal help, as critical evidence may be lost and deadlines may expire. Contact a qualified FTCA attorney today to protect your rights and explore your options for holding the VA accountable for any substandard care you received at the Clarksburg facility.
Related Case Types in West Virginia
We handle various types of VA and military medical malpractice cases in West Virginia:
Why Choose the Archuleta Law Firm
Unparalleled expertise for your Louis A. Johnson VA Medical Center claim
- 🩺Doctor-Attorney on Staff
Our founder is both a licensed attorney and a medical doctor (MD/JD), providing critical insight into what constitutes malpractice at Louis A. Johnson VA Medical Center.
- ⚖️Exclusive FTCA Focus
We specialize exclusively in military and VA medical malpractice, handling Federal Tort Claims Act cases against facilities like Louis A. Johnson VA Medical Center across all 50 states.
- 💰Proven Track Record
With over $145 million recovered for military and VA medical malpractice victims nationwide, we have the experience to handle your case.
- 📅25+ Years of Experience
Our firm brings decades of experience to every case, understanding the nuances of federal litigation and the specific challenges of suing federal facilities.
- 🤝No Fee Unless We Win
We operate on a contingency fee basis—you pay nothing unless we recover compensation for you.
Free Case Evaluation
Louis A. Johnson VA Medical Center Malpractice Claim
If you or a loved one suffered harm due to medical negligence at Louis A. Johnson VA Medical Center in Clarksburg, West Virginia, you may have a right to seek compensation under the Federal Tort Claims Act.
The Archuleta Law Firm offers a free, confidential case evaluation to help you understand your legal options:
- Review your Louis A. Johnson VA Medical Center medical records at no cost
- Explain how the FTCA process applies to claims against Louis A. Johnson VA Medical Center
- Assess the potential value of your case
- Answer all your questions without obligation
Don't Delay
Strict federal deadlines apply to claims against Louis A. Johnson VA Medical Center.