Wisconsin VA & Military Wrongful Death Malpractice Attorneys

Families expect competent, life-saving care when they entrust loved ones to Wisconsin's VA medical centers and military hospitals. Tragically, preventable medical errors at these federal facilities can result in wrongful death, leaving families devastated and seeking answers about what went wrong.

Our founding attorney brings a unique perspective to Wisconsin wrongful death cases as both a licensed attorney and medical doctor. Our dual expertise helps us investigate medical decisions leading to your loved one's death and identify standard of care violations. We understand the complex medical and legal issues involved in proving that negligence—not natural disease progression—caused the death.

The Federal Tort Claims Act (FTCA) gives families the right to seek justice for VA or military medical malpractice wrongful deaths. However, FTCA claims involve different procedures and deadlines than typical Wisconsin medical malpractice cases, making experienced legal representation essential for protecting your family's rights.

• Failure to Diagnose Life-Threatening Conditions: When emergency room physicians or attending doctors miss critical symptoms of heart attacks, strokes, sepsis, or pulmonary embolisms, patients can die from treatable conditions. Delayed diagnosis often stems from inadequate testing, failure to review medical history, or dismissing patient complaints.

• Medication Errors and Drug Interactions: Prescribing incorrect dosages, failing to check for dangerous drug interactions, or administering medications to patients with known allergies can cause fatal reactions. These errors frequently occur during shift changes or when communication between medical staff breaks down.

• Surgical Complications and Post-Operative Negligence: Deaths can result from surgeon errors during procedures, anesthesia mistakes, or inadequate post-surgical monitoring. Failure to recognize and treat post-operative infections, bleeding, or other complications can quickly become fatal.

• Delayed Emergency Response: When medical staff fail to respond appropriately to cardiac arrest, respiratory failure, or other medical emergencies, preventable deaths occur. This includes inadequate staffing, malfunctioning equipment, or failure to follow established emergency protocols.

• Inadequate Monitoring of High-Risk Patients: Patients with serious medical conditions require continuous monitoring and prompt intervention when their condition deteriorates. Failure to properly monitor vital signs, laboratory values, or neurological status can result in preventable deaths.

We represent families in wrongful death cases throughout Wisconsin's federal medical facilities, including major VA medical centers and military treatment facilities where complex medical care is provided.

• Clement J. Zablocki VA Medical Center (Milwaukee) - Wisconsin's largest VA facility providing comprehensive medical services where monitoring failures and diagnostic errors can prove fatal
• William S. Middleton Memorial Veterans Hospital (Madison) - A major teaching hospital where communication breakdowns between medical teams can lead to preventable deaths
• Tomah VA Medical Center - Regional facility where medication management errors and inadequate emergency response have resulted in patient deaths
• Milwaukee VA Medical Center Outpatient Clinics - Multiple locations where delayed diagnoses of serious conditions can have fatal consequences

View all Wisconsin VA & Military Facilities

• The death occurred shortly after a medical procedure, emergency room visit, or hospital admission at a VA or military facility
• Medical staff failed to respond to obvious symptoms or dismissed your loved one's complaints about severe pain or difficulty breathing
• There were significant delays in diagnosis, treatment, or emergency response despite clear warning signs
• Your loved one died from a condition that is typically treatable when caught early, such as heart attack, stroke, or infection
• Medical records show conflicting information, missing documentation, or evidence that protocols were not followed
• Multiple medical errors occurred during the same hospitalization, such as wrong medications combined with inadequate monitoring
• The death was sudden and unexpected given your loved one's medical condition and prognosis at the time of admission

Economic Damages

Wisconsin wrongful death cases can recover substantial economic damages to compensate families for their financial losses. These include the lost wages and benefits your loved one would have earned. Depending on their age and occupation, this can amount to hundreds of thousands or millions of dollars. You can recover medical expenses from before the death. This includes hospital bills, physician fees, and emergency treatment costs. Funeral and burial expenses, typically ranging from $7,000 to $15,000, are compensated along with estate administration costs and legal fees.

Non-Economic Damages

Families can also recover non-economic damages for the intangible losses caused by wrongful death. This includes compensation for the pain and suffering your loved one endured before death, loss of companionship and guidance for surviving spouses and children, and the emotional trauma experienced by family members. The loss of parental guidance, spousal support, and family relationships represents significant damages that Wisconsin law recognizes.

Wisconsin-Specific Considerations

Under Wisconsin Statutes § 893.55(4), non-economic damages in medical malpractice cases are capped at $750,000 per occurrence, regardless of the number of defendants involved. However, this cap applies to Wisconsin state court cases, and FTCA claims are governed by federal law which applies the damage law of the state where the negligence occurred. Economic damages have no cap under Wisconsin law, allowing full recovery of lifetime earnings and medical expenses. The interaction between federal FTCA procedures and Wisconsin damage calculations requires careful legal analysis to maximize your family's recovery.

Statute of Limitations: FTCA wrongful death claims must be filed within two years of the date of death under 28 U.S.C. § 2675, which is stricter than Wisconsin's general medical malpractice statute of limitations. Wisconsin Statutes § 893.55 allows three years from the date of injury or one year from discovery, but federal law controls for VA and military facility cases. Missing the two-year FTCA deadline permanently bars your claim, making prompt legal action essential.

Expert Witness Requirements: Wisconsin requires expert medical testimony to establish the standard of care and prove that negligence caused the wrongful death. The expert must be qualified in the same medical specialty and demonstrate how the defendant's actions fell below accepted medical standards. In complex wrongful death cases, multiple experts may be needed to address different aspects of care, from emergency medicine to surgical procedures.

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

FTCA wrongful death claims must be filed within two years of the date of death under federal law (28 U.S.C. § 2675). This federal deadline is shorter than Wisconsin's state medical malpractice statute of limitations and cannot be extended, making immediate legal consultation crucial for preserving your rights.

Wisconsin wrongful death cases can recover both economic damages (lost lifetime earnings, medical expenses, funeral costs) and non-economic damages (pain and suffering, loss of companionship) up to Wisconsin's $750,000 cap on non-economic damages per Wisconsin Statutes § 893.55(4). Economic damages have no cap, allowing full recovery of substantial lifetime earnings.

No, you cannot sue individual military doctors personally. Under the FTCA, claims must be filed against the United States government, which assumes liability for negligent acts by federal employees acting within their scope of employment. This provides access to federal resources for compensation while protecting individual medical providers.

Yes, Wisconsin law requires qualified medical expert testimony to prove that negligence caused the wrongful death. The expert must demonstrate that the standard of care was violated and that this violation directly resulted in the death. Our medical doctor-attorney can help identify the right experts for your specific case.

FTCA wrongful death cases typically take 18-36 months to resolve, depending on case complexity and whether the government accepts liability. The process begins with filing an administrative claim with the appropriate federal agency, followed by potential federal court litigation if the claim is denied or ignored.

Wrongful death claims require proving that negligence directly caused the death, not just injury or worsening of condition. This demands extensive medical expert analysis to demonstrate that proper care would have prevented the death and that the patient had a reasonable life expectancy before the malpractice occurred.

Yes, if the wrongful death occurred at a Wisconsin VA or military facility, out-of-state family members can file FTCA claims regardless of their residence. Federal law governs these claims, and we handle FTCA cases for families nationwide who suffered losses at Wisconsin federal medical facilities.

FTCA claims apply the damage law of the state where the negligence occurred, meaning Wisconsin's $750,000 cap on non-economic damages applies to wrongful death cases at Wisconsin federal facilities. However, economic damages remain uncapped, allowing full recovery of lost lifetime earnings and medical expenses.

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

• 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 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 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 Wrongful Death victims. Our Wisconsin 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 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

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

When you lose a loved one due to negligent medical care at a VA facility in Wisconsin, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. As a veteran or military family member, you must file your FTCA claim within two years of when you knew or should have known about the negligence that caused the death. This process begins with filing Standard Form 95 with the Department of Veterans Affairs, after which the agency has six months to respond to your claim.

Having an attorney who is also a licensed 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 helps establish the direct connection between the negligent care and your loved one's death, which is essential for FTCA claims.

Through an FTCA wrongful death claim, you may be eligible to recover several types of damages. These can include medical expenses incurred before death, funeral and burial costs, loss of future income and benefits, and loss of companionship. Wisconsin law also allows recovery for the pain and suffering your loved one experienced before death, as well as the emotional distress experienced by surviving family members.

Military families face unique challenges when pursuing these claims, including understanding how VA benefits interact with FTCA claims and navigating the complex federal administrative process. It's important to note that FTCA claims against the VA require strict adherence to procedural requirements, and missing a deadline or filing incorrectly can permanently bar your claim.

Don't face this challenging process alone. Our team offers free, confidential case evaluations to help you understand your rights and options under the FTCA. During this consultation, we can review your loved one's medical records, explain the FTCA process in detail, and help determine if you have a viable claim. Contact us today to speak with a physician-attorney who understands both the medical and legal aspects of VA wrongful death cases. There's no obligation, and you won't pay any fees unless we win your case.

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 Spinal Cord Injury Cases
• Wisconsin Misdiagnosis Cases
• Wisconsin Medication Errors Cases