Wisconsin VA & Military Spinal Cord Injury Malpractice Attorneys

Veterans and military families trust Wisconsin's VA medical centers and military hospitals to provide competent, life-preserving treatment. Unfortunately, medical negligence during surgery, emergency care, or routine treatment can result in catastrophic spinal cord injuries that permanently alter lives and require millions of dollars in lifetime care.

According to the Centers for Disease Control and Prevention, approximately 17,700 new spinal cord injuries occur annually in the United States, with medical malpractice being a significant contributing factor in hospital-acquired cases. Our founding attorney at the Archuleta Law Firm is both a licensed attorney and a medical doctor, bringing legal and medical expertise to identify complex standard of care violations causing spinal cord injuries. Our medical background allows us to identify when negligent treatment, surgical errors, or delayed diagnosis caused permanent paralysis or nerve damage. We have successfully represented numerous spinal cord injury victims in federal medical malpractice cases, securing multi-million dollar settlements that provide the lifetime care and support these catastrophic injuries require.

If you or a loved one suffered a spinal cord injury due to medical negligence at a Wisconsin VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). To maximize your compensation for this life-changing injury, these federal medical malpractice claims require specialized knowledge of both FTCA procedures and Wisconsin's specific legal requirements.

• Surgical Errors During Spinal Procedures: Negligent placement of screws, rods, or fusion hardware during back surgery can directly damage the spinal cord, causing immediate paralysis. If surgeons operate outside the standard of care or fail to use proper imaging guidance, permanent nerve damage becomes a preventable tragedy, not an acceptable surgical risk. These errors often occur during complex procedures such as spinal fusions, laminectomies, and discectomies where precise instrument placement is critical to avoid neural tissue damage.

• Delayed Diagnosis of Spinal Compression: To prevent permanent paralysis, emergency room physicians must quickly recognize signs of spinal cord compression from tumors, abscesses, or hematomas. The standard of care requires immediate imaging and intervention when patients present with specific neurological symptoms. Early recognition and treatment within the critical window can often prevent permanent damage, making diagnostic delays particularly devastating.

• Medication Errors Causing Spinal Strokes: Incorrect dosing of anticoagulants or failure to monitor blood-thinning medications can cause spinal epidural hematomas that compress the spinal cord. These medication errors clearly depart from accepted pharmacy and nursing protocols. Additionally, improper administration of epidural injections or spinal anesthesia can cause direct chemical damage to spinal cord tissue.

• Improper Patient Positioning During Surgery: Improper patient positioning by anesthesiologists and surgical staff during lengthy procedures can cause spinal cord ischemia and permanent paralysis. Professional standards require specific positioning protocols to prevent nerve compression during surgery. Prolonged procedures in improper positions can compromise blood flow to the spinal cord, resulting in ischemic injury and permanent neurological deficits.

• Failure to Treat Spinal Infections: When medical staff ignore signs of spinal osteomyelitis or epidural abscesses, these infections can destroy spinal cord tissue and cause irreversible paralysis. The standard of care requires aggressive antibiotic treatment and surgical drainage when indicated. Delayed recognition of post-operative infections or failure to maintain sterile technique during spinal procedures can lead to devastating infectious complications.

• Negligent Intubation Causing Cervical Spine Injury: Emergency room and anesthesia providers who use excessive force during intubation or fail to stabilize suspected cervical spine injuries can cause catastrophic spinal cord damage in trauma patients. Proper airway management protocols require careful attention to cervical spine protection, particularly in trauma cases where spinal injuries may not be immediately apparent.

We represent spinal cord injury victims at Wisconsin's major federal medical facilities, where complex surgical procedures and emergency care create the highest risk for life-altering medical negligence.

• Clement J. Zablocki Veterans Affairs Medical Center (Milwaukee): This major VA medical center performs complex spinal surgeries and emergency procedures where surgical errors and delayed diagnosis can cause permanent paralysis.

• William S. Middleton Memorial Veterans Hospital (Madison): As Wisconsin's primary VA medical facility, this hospital treats high-risk spinal conditions where negligent care can result in catastrophic spinal cord injuries.

• Tomah VA Medical Center: This facility provides emergency and surgical care where medication errors and improper treatment protocols can lead to preventable spinal cord damage.

• Fort McCoy Medical Facilities: Military treatment facilities at this installation provide emergency and routine care where medical negligence can cause permanent spinal injuries to active duty personnel and their families.

View all Wisconsin VA & Military Facilities

• Medical staff ignored your complaints of severe back pain, numbness, or weakness before your injury became permanent
• You developed paralysis or nerve damage after a routine procedure that should not have affected your spinal cord
• Doctors failed to order MRI or CT scans when you presented with clear neurological symptoms
• Your spinal surgery was performed without proper imaging guidance or resulted in hardware placement errors
• Emergency room staff failed to immobilize your spine after trauma or delayed critical diagnostic testing
• You developed spinal cord compression from an infection that medical staff failed to diagnose and treat promptly
• Anesthesia providers used excessive force during intubation or failed to protect your cervical spine during surgery
• Medical staff administered incorrect medications or dosages that led to spinal bleeding or blood clots affecting your spinal cord

• Lifetime Medical Care Costs: Complete spinal cord injuries require millions of dollars in ongoing medical treatment, including rehabilitation, medications, and specialized equipment throughout your lifetime. These costs include regular physician visits, specialized neurological care, management of secondary complications such as autonomic dysreflexia and pressure sores, and potential surgical interventions for hardware failures or additional complications.

• Home and Vehicle Modifications: Wheelchair accessibility renovations, specialized vehicles, and adaptive technology required for independent living. These modifications can cost $100,000-300,000 initially and require ongoing updates as technology advances and physical needs change over time.

• Lost Earning Capacity: Total loss of future income potential, which can exceed $2-4 million for younger victims with high-earning careers. This calculation includes not only base salary but also lost benefits, retirement contributions, and career advancement opportunities that would have been available without the injury.

• Attendant Care Services: 24-hour personal care assistance for complete injuries, costing $100,000-200,000 annually. This includes assistance with activities of daily living, medical care coordination, and specialized nursing care for complications such as respiratory management and bowel/bladder care.

• Specialized Equipment: Wheelchairs, hospital beds, ventilators, and other durable medical equipment requiring regular replacement. Advanced power wheelchairs can cost $30,000-50,000 and require replacement every 5-7 years, while environmental control systems and computer adaptations add significant ongoing costs.

• Ongoing Rehabilitation: Physical therapy, occupational therapy, and psychological counseling required for adaptation to permanent disability. These services continue throughout the lifetime and may intensify during periods of medical complications or equipment transitions.

Non-Economic Damages

• Pain and Suffering: Physical pain from the injury and ongoing complications such as spasticity, neuropathic pain, and autonomic dysreflexia. Spinal cord injuries often involve chronic pain conditions that significantly impact quality of life and require ongoing pain management interventions.

• Loss of Enjoyment of Life: Inability to participate in sports, hobbies, and activities that previously provided meaning and satisfaction. This includes recreational activities, family traditions, and career-related fulfillment that becomes impossible due to physical limitations.

• Emotional Distress: Depression, anxiety, and psychological trauma resulting from sudden onset of permanent disability. The psychological impact of spinal cord injuries often requires long-term mental health treatment and significantly affects family relationships and social functioning.

• Loss of Consortium: Impact on marriage and family relationships due to physical limitations and emotional changes. This includes changes in intimacy, parenting abilities, and the ability to fulfill traditional family roles and responsibilities.

• Loss of Independence: Psychological damages from requiring assistance with basic daily activities previously performed independently. The loss of privacy and autonomy associated with requiring attendant care represents a significant non-economic loss.

Wisconsin-Specific Considerations

Under Wisconsin law (Wis. Stat. § 893.55(1m)), non-economic damages in medical malpractice cases are capped at $750,000 per occurrence. However, this statutory cap applies to each occurrence and covers all negligent health care providers involved in your care. Wisconsin's damage cap applies even to Federal Tort Claims Act cases filed in Wisconsin federal courts, meaning your pain and suffering damages will be limited regardless of the severity of your spinal cord injury.

Economic damages remain unlimited under both Wisconsin law and the FTCA, allowing full recovery of medical expenses, lost wages, and lifetime care costs. Wisconsin does not permit punitive damages against the federal government in FTCA cases, but the unlimited economic damages can still result in multi-million dollar settlements for complete spinal cord injuries requiring lifetime care.

Wisconsin courts apply the collateral source rule, meaning that compensation from other sources such as VA disability benefits or private insurance does not reduce your recovery from the negligent medical provider. This ensures that you receive full compensation for your losses while maintaining other available benefits.

Statute of Limitations

The Federal Tort Claims Act (28 U.S.C. § 2675) requires filing your administrative claim within two years of discovering your injury. Wisconsin's medical malpractice statute of limitations (Wis. Stat. § 893.54) provides up to three years from injury or one year from discovery, but the FTCA's shorter two-year deadline controls for federal facility claims. After your administrative claim is denied, you have only six months to file a federal lawsuit, making prompt action critical for spinal cord injury cases.

Expert Witness Requirements

Wisconsin requires medical expert testimony to establish the standard of care and prove negligence in spinal cord injury cases. Your expert witnesses must be qualified in the same specialty as the negligent provider and familiar with the specific procedures that caused your injury. Given the complex medical issues in spinal cord cases, multiple experts may be required to address surgical techniques, emergency medicine protocols, and rehabilitation standards. Wisconsin courts also require economic experts to establish lifetime care costs and vocational experts to prove lost earning capacity in catastrophic injury cases.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file your administrative claim within two years of discovering your spinal cord injury. This deadline is shorter than Wisconsin's general medical malpractice statute of limitations and cannot be extended, making immediate legal consultation essential for spinal cord injury cases.

You can recover unlimited economic damages including lifetime medical care, lost wages, and rehabilitation costs. Non-economic damages for pain and suffering are capped at $750,000 under Wisconsin law (Wis. Stat. § 893.55(1m)), even for federal FTCA claims. Complete spinal cord injuries often result in settlements exceeding $5-10 million due to enormous lifetime care costs.

Wisconsin's $750,000 cap on non-economic damages applies to your pain and suffering compensation, but economic damages remain unlimited. Since spinal cord injuries require millions in lifetime medical care, the economic damages typically far exceed the non-economic cap, allowing substantial total recovery despite the limitation.

No, you cannot sue individual federal employees under the FTCA. Your claim must be filed against the United States government for the negligent actions of VA or military medical staff acting within their scope of employment. This federal sovereign immunity protection requires following specific FTCA procedures rather than state medical malpractice rules.

Yes, Wisconsin requires qualified medical experts to prove the standard of care and establish how negligence caused your spinal cord injury. Spinal cord cases typically require multiple experts including neurosurgeons, emergency physicians, and rehabilitation specialists familiar with the specific medical procedures involved in your case.

FTCA spinal cord injury cases typically take 18-36 months from administrative filing to resolution. The administrative review process alone can take 6-12 months, followed by federal litigation if necessary. Complex spinal cord cases require extensive medical documentation and expert testimony, which extends the timeline but maximizes your compensation.

Spinal cord injury cases involve catastrophic, permanent disabilities requiring lifetime care, making them among the highest-value medical malpractice claims. The complex medical issues require specialized experts, extensive economic analysis of lifetime costs, and detailed documentation of how the injury affects every aspect of your life and family relationships.

Recent changes to federal law under the National Defense Authorization Act allow certain active duty claims that were previously barred. Military personnel who suffer spinal cord injuries due to medical malpractice at Wisconsin military facilities may now have legal recourse, depending on the specific circumstances of their injury and treatment.

Pre-existing spinal conditions do not bar recovery if medical negligence worsened your condition or caused additional injury. Under Wisconsin law, healthcare providers must treat patients as they find them, meaning they remain liable for any aggravation of pre-existing conditions caused by their negligence. Your compensation will be reduced only by the portion of disability that existed before the negligent treatment, allowing full recovery for the additional harm caused by medical malpractice.

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Wisconsin 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 Spinal Cord Injury 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 Spinal Cord Injury cases.

• Wisconsin FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Wisconsin 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 Wisconsin, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Spinal Cord Injury takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Wisconsin 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 Wisconsin Spinal Cord Injury victims. Our Wisconsin Spinal Cord Injury 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 Wisconsin 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.

Wisconsin VA Malpractice Information

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

Other Wisconsin Case Types We Handle

• Wisconsin Surgical Errors Cases
• Wisconsin Emergency Room Errors Cases
• Wisconsin Brain Injury Cases

Spinal Cord Injury Resources

• Spinal Cord Injury Lawyers (Nationwide) - General Spinal Cord Injury 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 dealing with a spinal cord injury from VA medical care in Wisconsin, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial for protecting your future. The FTCA allows you to seek compensation when negligent medical care at a VA facility results in serious harm, but you must act within strict timeframes to preserve your rights.

You have two years from the date you discovered (or reasonably should have discovered) your injury to file an administrative claim using Standard Form 95. After filing, the VA has six months to investigate and respond to your claim. 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 you from seeking compensation.

For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your claim. These specialized professionals understand both the complex medical aspects of spinal cord injuries and the legal intricacies of the FTCA process. They can effectively communicate with your healthcare providers, accurately assess the long-term implications of your injury, and present compelling medical evidence to support your claim.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages and earning capacity, home modification costs, and compensation for pain and suffering. For Wisconsin veterans with spinal cord injuries, these damages often include specialized medical equipment, ongoing rehabilitation services, and long-term care needs. Your family members may also be entitled to compensation for loss of support and companionship.

Don't wait to explore your legal options. Many experienced FTCA attorneys offer free, confidential case evaluations to help you understand your rights and the strength of your claim. During this consultation, you can discuss the specific circumstances of your injury, learn about the evidence needed to support your claim, and get answers to your questions about the FTCA process. While no amount of compensation can fully restore what you've lost, taking action now can help secure the resources you need for your future care and support.

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

• Wisconsin Surgical Errors Cases
• Wisconsin Emergency Room Errors Cases
• Wisconsin Brain Injury Cases
• Wisconsin Misdiagnosis Cases
• Wisconsin Medication Errors Cases
• Wisconsin Wrongful Death Cases