West Virginia VA & Military Wrongful Death Malpractice Attorneys

Families trust West Virginia's VA medical centers and military hospitals to care for their loved ones, never expecting medical negligence to cause preventable deaths. Unfortunately, substandard medical care, delayed diagnoses, and treatment errors at federal facilities can lead to tragic wrongful deaths that devastate families and communities.

At the Archuleta Law Firm, our founding attorney is a licensed physician and attorney, bringing unique medical and legal expertise to wrongful death cases. This dual expertise allows us to identify medical negligence and build compelling cases against the U.S. government under the Federal Tort Claims Act (FTCA).

If medical malpractice at a West Virginia VA or military facility caused your loved one's death, federal law provides you with specific legal rights. The FTCA allows families to seek justice and compensation when government medical providers don't meet accepted standards of care, leading to wrongful death.

• Failure to Diagnose Life-Threatening Conditions: When medical staff miss critical diagnoses like heart attacks, strokes, or sepsis, patients can die from conditions that would have been treatable with timely intervention and proper medical care.

• Medication Errors and Drug Interactions: Prescribing incorrect medications, wrong dosages, or failing to check for dangerous drug interactions can result in fatal adverse reactions, organ failure, or toxic overdoses.

• Surgical Complications and Post-Operative Negligence: Preventable surgical errors, inadequate post-operative monitoring, or failure to recognize and treat complications like infections or bleeding can lead to patient death.

• Emergency Room Mismanagement: Failing to properly triage patients, delaying critical care, or discharging patients with undiagnosed serious conditions can result in deaths that proper emergency protocols would have prevented.

• Inadequate Monitoring of High-Risk Patients: When medical staff fail to properly monitor patients with serious conditions or those recovering from major procedures, life-threatening changes can go unnoticed until it's too late.

• Communication Failures Between Medical Teams: Poor communication during shift changes, inadequate handoffs between departments, or failure to relay critical patient information can result in missed treatments and preventable deaths.

Our firm represents families in wrongful death cases throughout West Virginia's federal medical facilities, including major VA medical centers and military treatment facilities where complex medical care increases the risk of fatal negligence.

• Louis A. Johnson VA Medical Center (Clarksburg): This major VA medical center provides comprehensive care including emergency services, surgery, and specialized treatments where delayed diagnoses or treatment errors can prove fatal.

• Huntington VA Medical Center: Serving southern West Virginia veterans, this facility's emergency department and inpatient services are settings where wrongful deaths may occur due to inadequate monitoring or misdiagnosis.

• Martinsburg VA Medical Center: This facility's medical and surgical services, along with its role as a referral center, create situations where communication failures or treatment delays can result in preventable deaths.

View all West Virginia VA & Military Facilities

• Your loved one's condition was misdiagnosed or diagnosis was significantly delayed despite clear symptoms
• Critical test results were ignored, misinterpreted, or not communicated to treating physicians
• Emergency warning signs were dismissed or not properly evaluated by medical staff
• Prescribed medications caused fatal reactions that should have been anticipated or prevented
• Post-surgical complications were not promptly recognized or adequately treated
• Your loved one was discharged from the hospital despite unstable vital signs or ongoing symptoms
• Multiple medical errors occurred during the same treatment episode or hospitalization

Economic Damages

West Virginia's Wrongful Death Act (W. Va. Code § 55-7-6) allows families to recover compensation for the deceased's expected lifetime income, such as salary, benefits, and retirement contributions. You can recover medical and hospitalization expenses for care and treatment of the injury that caused death, along with reasonable funeral and burial expenses. The law also recognizes compensation for the loss of services, protection, care, and assistance that the deceased provided to family members.

Non-Economic Damages

West Virginia law specifically allows recovery for sorrow, mental anguish, and solace damages, which encompass the loss of society, companionship, comfort, guidance, and advice that the deceased provided to surviving family members. These damages recognize the profound emotional impact and irreplaceable personal relationships that are lost when a loved one dies due to medical negligence.

Under West Virginia Code § 55-7-6(c), the jury verdict must separately set forth damages for funeral, hospital, medical, and other expenses incurred as a result of the wrongful death. Only the personal representative of the deceased person's estate has legal authority to file a wrongful death lawsuit under W. Va. Code § 55-7-6(a). West Virginia's wrongful death damage categories guide FTCA compensation calculations, while the state's two-year statute of limitations (W. Va. Code § 55-7-6(d)) matches federal FTCA requirements.

Statute of Limitations

Under the Federal Tort Claims Act (28 U.S.C. § 2675), wrongful death claims against VA and military facilities must be presented to the appropriate federal agency within two years of the date the claim accrued. West Virginia's wrongful death statute also requires filing within two years from the date of death (W. Va. Code § 55-7-6(d)), creating alignment between state and federal timing requirements. This strict deadline makes prompt legal action essential for preserving your family's rights.

Expert Witness Requirements

West Virginia wrongful death cases involving medical malpractice require qualified medical experts to establish the standard of care, demonstrate how that standard was breached, and prove that the breach caused the patient's death. Our firm's unique advantage includes having a medical doctor on staff who understands the complex medical issues involved in wrongful death cases and can work with additional specialists as needed.

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

West Virginia requires wrongful death lawsuits to be filed within two years from the date of death under W. Va. Code § 55-7-6(d). For FTCA claims against federal facilities, you must also present your claim to the appropriate federal agency within two years under 28 U.S.C. § 2675.

Under W. Va. Code § 55-7-6(c), recoverable damages include sorrow and mental anguish, loss of expected income and services, medical and hospitalization expenses, and reasonable funeral expenses. The jury must separately itemize these damage categories in their verdict.

West Virginia's wrongful death statute does not impose specific damage caps, allowing juries to award compensation based on the actual losses suffered by surviving family members. This can result in substantial awards when the deceased was young or had significant earning capacity.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by military medical personnel acting within their scope of employment. The government becomes liable for their employees' negligent acts.

Yes, medical malpractice wrongful death cases require qualified medical experts to prove the standard of care was breached and that the breach caused death. Our firm includes a medical doctor who can evaluate your case and work with additional specialists as needed.

FTCA wrongful death cases typically take 18 months to several years, depending on the complexity of the medical issues and the government's response to your administrative claim. The federal agency has six months to respond before you can file a lawsuit.

Under W. Va. Code § 55-7-6(a), only the personal representative of the deceased person's estate has legal authority to file a wrongful death lawsuit. This person is typically appointed through the probate court process.

West Virginia follows modified comparative negligence rules, which may reduce recovery if the deceased contributed to their own death. However, in medical malpractice cases, patient fault is often limited to failure to follow clear medical instructions or provide accurate medical history.

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

• West Virginia FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving West Virginia 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 West Virginia, 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 West Virginia 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 West Virginia Wrongful Death victims. Our West Virginia 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 West Virginia 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.

West Virginia VA Malpractice Information

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

Other West Virginia Case Types We Handle

• West Virginia Surgical Errors Cases
• West Virginia Emergency Room Errors Cases
• West Virginia 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're a veteran or military family member in West Virginia dealing with the tragic loss of a loved one due to possible medical negligence at a VA facility, understanding the Federal Tort Claims Act (FTCA) process is crucial for protecting your rights. The FTCA allows you to seek compensation when negligent medical care at federal facilities results in death, but you must act within strict timeframes.

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. This initial claim must be filed with the Department of Veterans Affairs before any lawsuit can proceed. The VA then has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you have six months from that date to file a federal lawsuit.

Having an attorney who is also a medical doctor can significantly strengthen your 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 allows them to build stronger cases by recognizing subtle details that others might miss in wrongful death cases involving medical negligence.

Under the FTCA, you may be entitled to recover several types of damages. These can include medical expenses incurred before death, funeral and burial costs, loss of the deceased's future earnings and benefits, loss of companionship, and compensation for the pain and suffering experienced before death. In West Virginia, specific calculations for these damages must follow federal guidelines while considering state wrongful death statutes.

Don't navigate this complex process alone. Many law firms specializing in VA medical malpractice offer free initial case evaluations to help you understand your rights and options. During this consultation, an experienced attorney can review your situation, explain the FTCA process in detail, and help determine if you have a viable claim. Time is critical in these cases, so it's important to seek legal guidance as soon as possible to ensure your rights are protected and all deadlines are met.

For a free, confidential evaluation of your case, reach out to a qualified attorney who specializes in VA medical malpractice and wrongful death claims. Their expertise can help ensure you receive the compensation and justice your family deserves.

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

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