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Military & VA Medical Malpractice

Wyoming VA & Military Spinal Cord Injury Malpractice Attorneys

Experienced attorneys helping military families recover maximum compensation for spinal cord injury at Wyoming military hospitals.

$145M+
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MD/JD
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$0
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When veterans and service members receive care at Wyoming's VA and military medical facilities, they trust these institutions to provide competent, life-preserving treatment. Unfortunately, medical negligence during surgery, emergency care, or routine procedures can result in catastrophic spinal cord injuries that forever alter a patient's life and their family's future.

According to the National Spinal Cord Injury Statistical Center, approximately 17,730 new spinal cord injuries occur annually in the United States, with medical malpractice accounting for a significant percentage of preventable cases. Our founding attorney is both a licensed attorney and a medical doctor, giving us unique insights into spinal cord injury cases. We leverage our combined legal and medical expertise to identify when healthcare providers deviate from accepted spinal cord treatment standards. We have extensive experience with Federal Tort Claims Act (FTCA) cases, so we understand the unique procedures and challenges of getting compensation from the federal government for medical negligence at VA and military facilities.

If negligence at a Wyoming VA medical center or military hospital caused a spinal cord injury to you or a loved one, the Federal Tort Claims Act (FTCA) gives you legal rights. Pursuing these claims requires specialized knowledge of federal law, medical standards, and the unique challenges of getting compensation from the U.S. government.

What Causes Spinal Cord Injury at Wyoming Military & VA Hospitals?

  • Surgical Errors During Spinal Procedures: Improper instrument placement, nerve root damage, or inadequate decompression during spinal procedures are surgical errors that can cause permanent paralysis. These errors often occur when surgeons fail to maintain proper visualization of critical anatomical structures or when they deviate from established surgical protocols. The consequences can include complete or incomplete paralysis, chronic pain, and loss of bowel or bladder function.

  • Delayed Diagnosis of Spinal Compression: Failure to recognize and treat spinal cord compression from tumors, abscesses, or hematomas within the critical time window can lead to irreversible neurological damage that proper monitoring would have prevented. Healthcare providers must maintain a high index of suspicion for spinal compression when patients present with back pain, neurological symptoms, or changes in motor function. Even delays of hours can result in permanent disability when immediate surgical intervention is required.

  • Medication Errors Causing Spinal Damage: Incorrect injection of medications into the spinal canal, improper epidural procedures, or administration of neurotoxic substances can cause chemical damage to spinal cord tissue, representing clear departures from established protocols. These errors may involve wrong medication concentrations, contaminated injection sites, or failure to follow sterile technique. The resulting inflammation and tissue damage can cause permanent neurological deficits that could have been prevented with proper medication administration procedures.

  • Inadequate Post-Operative Monitoring: Failing to recognize signs of spinal cord compromise after surgery, such as loss of sensation or motor function, delays critical intervention and violates the standard requirement for continuous neurological assessment. Post-operative patients require frequent neurological checks to detect early signs of complications such as hematoma formation or infection. When healthcare providers fail to perform these assessments or ignore warning signs, treatable complications can progress to permanent spinal cord damage.

  • Emergency Room Mismanagement: Improper immobilization or movement of patients with suspected spinal injuries, failure to order appropriate imaging, or delayed recognition of spinal trauma can convert treatable injuries into permanent disabilities. ER staff must strictly follow spinal immobilization protocols and carefully evaluate potential spinal injuries based on trauma mechanisms. Failure to obtain timely CT or MRI imaging when clinically indicated can result in missed diagnoses and inappropriate patient handling.

  • Anesthesia Complications: Improper positioning during lengthy surgeries, failure to maintain adequate spinal perfusion pressure, or direct trauma from spinal anesthesia can cause ischemic damage to the spinal cord when proper techniques would have prevented injury. Anesthesiologists must carefully monitor patient positioning to prevent pressure on the spinal cord and maintain adequate blood flow throughout surgical procedures. Direct trauma from needle placement during spinal or epidural anesthesia can cause immediate and permanent neurological damage.

Wyoming Facilities Where We Handle Spinal Cord Injury Cases

Our firm represents spinal cord injury victims at major federal medical facilities throughout Wyoming, where complex procedures and emergency care carry inherent risks that require the highest standards of medical practice.

  • Cheyenne VA Medical Center, Cheyenne: As Wyoming's primary VA facility, this medical center handles complex surgical cases and emergency trauma where spinal cord injuries may occur during neurosurgical procedures or emergency stabilization. The facility performs spinal fusion surgeries, laminectomies, and other complex spinal procedures where surgical errors can result in permanent paralysis. Emergency department mismanagement of trauma patients with potential spinal injuries represents another significant risk area at this facility.

  • F.E. Warren Air Force Base Medical Facility, Cheyenne: This military treatment facility provides comprehensive care to active duty personnel and their families, including orthopedic and neurosurgical services where spinal cord complications can arise. The facility treats service members with combat-related spinal injuries and performs routine spinal procedures where complications may occur due to inadequate surgical technique or post-operative monitoring. Emergency care for training accidents and other trauma also presents opportunities for spinal cord injuries due to improper immobilization or delayed diagnosis.

  • Wyoming National Guard Medical Units: Various Guard medical facilities throughout the state provide emergency and routine care where delayed diagnosis or improper treatment of spinal conditions may lead to permanent injury. These facilities often handle initial emergency care for spinal trauma and must recognize when immediate transfer to higher-level care is required. Delays in diagnosis or inappropriate treatment decisions at these facilities can result in preventable spinal cord damage.

View all Wyoming VA & Military Facilities

Warning Signs: Is Your Spinal Cord Injury Medical Malpractice?

  • Sudden loss of sensation or movement following a routine procedure that was not discussed as a potential complication: When patients experience unexpected neurological deficits after medical procedures, this may indicate that healthcare providers deviated from accepted standards of care. Informed consent discussions should have included warnings about potential spinal cord complications if such risks were reasonably foreseeable. The absence of such warnings, combined with unexpected neurological damage, may suggest inadequate surgical technique or procedural errors.

  • Delayed recognition of spinal cord compression symptoms despite clear neurological warning signs presented to medical staff: Healthcare providers have a duty to recognize and respond promptly to signs of spinal cord compression, including progressive weakness, sensory changes, or bowel/bladder dysfunction. When medical staff fail to order appropriate diagnostic tests or delay treatment despite obvious neurological deterioration, this may constitute medical negligence. The critical time window for treating spinal cord compression makes prompt recognition and intervention essential for preventing permanent damage.

  • Surgical complications during spinal procedures where post-operative function is significantly worse than pre-operative baseline without adequate explanation: While all surgeries carry risks, spinal procedures should generally improve or stabilize neurological function rather than cause significant deterioration. When patients experience unexpected loss of motor or sensory function after spinal surgery, this may indicate surgical errors such as improper instrument placement or inadequate decompression. The absence of a reasonable medical explanation for such deterioration may suggest medical negligence.

  • Emergency room discharge with undiagnosed spinal trauma despite mechanism of injury suggesting possible spinal involvement: Emergency department physicians must maintain appropriate suspicion for spinal injuries based on mechanism of injury and clinical presentation. Discharging patients with potential spinal trauma without appropriate imaging or neurological assessment violates standard emergency care protocols. When patients subsequently develop paralysis or other spinal cord complications after emergency department discharge, this may indicate inadequate initial evaluation and treatment.

  • Progressive neurological deterioration during hospitalization without appropriate diagnostic workup or intervention: Hospitalized patients who develop or experience worsening neurological symptoms require prompt evaluation and treatment to prevent permanent spinal cord damage. Healthcare providers must recognize warning signs of spinal cord compression and order appropriate diagnostic studies such as MRI or CT myelography. Failure to investigate progressive neurological symptoms or delays in obtaining necessary imaging studies may constitute medical negligence.

  • Medication errors involving spinal injections or epidural procedures resulting in immediate neurological symptoms: Spinal and epidural procedures require precise technique and appropriate medication selection to prevent spinal cord damage. When patients develop immediate neurological symptoms following these procedures, this may indicate medication errors, contamination, or improper injection technique. Healthcare providers must follow strict protocols for spinal injections to prevent chemical damage to spinal cord tissue.

  • Failure to obtain appropriate imaging studies (MRI, CT) when spinal cord injury was clinically indicated: Clinical signs and symptoms of potential spinal cord injury require prompt diagnostic imaging to guide treatment decisions. Healthcare providers who fail to order necessary imaging studies when patients present with neurological symptoms may miss critical diagnoses and delay essential treatment. The failure to obtain appropriate imaging when clinically indicated may constitute a deviation from accepted medical standards.

  • Improper patient positioning or movement during medical procedures resulting in new neurological deficits: Medical procedures require careful attention to patient positioning to prevent pressure on the spinal cord and maintain adequate blood flow. When patients develop new neurological symptoms following procedures, this may indicate improper positioning or excessive pressure on spinal structures. Healthcare providers must follow established protocols for patient positioning during lengthy surgical procedures to prevent spinal cord complications.

Damages Available in Wyoming Spinal Cord Injury Cases

Economic Damages

Spinal cord injury cases typically involve substantial economic losses that continue throughout the victim's lifetime. These may include lifetime medical care costs ranging from $1.1 million to $4.7 million depending on injury level, specialized wheelchair and mobility equipment replacement, home modification expenses for accessibility, lost earning capacity over the victim's expected working years, ongoing physical and occupational therapy costs, and attendant care services for activities of daily living.

Non-Economic Damages

The profound impact of spinal cord injuries extends far beyond financial costs to include pain and suffering from the injury and ongoing complications, loss of enjoyment of life and inability to participate in previously enjoyed activities, emotional distress and psychological trauma from sudden disability, loss of consortium and impact on marital relationships, and diminished quality of life affecting every aspect of daily existence.

Wyoming-Specific Considerations

Under the Federal Tort Claims Act (28 U.S.C. § 2674), damages in FTCA cases are determined by the law of the state where the negligent act occurred. Wyoming does not impose damage caps on medical malpractice cases under Wyoming Statute § 1-1-109, allowing full recovery of proven damages. However, FTCA claims cannot include punitive damages under federal law, and all damages must be proven according to Wyoming's standards for causation and economic loss calculation. The interaction between federal FTCA procedures and Wyoming damage law requires careful analysis to maximize recovery. For example, while Wyoming law might allow recovery for certain types of emotional distress damages in state court medical malpractice cases, federal courts applying Wyoming law under the FTCA may interpret these damage categories more restrictively, requiring detailed expert testimony to establish the full scope of compensable injuries. This complex interplay between federal procedural requirements and state substantive law necessitates experienced legal counsel who understands both jurisdictional frameworks and can present damages evidence in the manner most likely to achieve full compensation under federal court standards.

Statute of Limitations: The Federal Tort Claims Act requires filing an administrative claim within two years of the date the injury was discovered or reasonably should have been discovered (28 U.S.C. § 2675). Wyoming's discovery rule under Wyoming Statute § 1-3-107 may provide additional protection when the full extent of spinal cord damage becomes apparent over time, but federal deadlines typically control in FTCA cases.

Expert Witness Requirements: Wyoming requires expert witness testimony in medical malpractice cases to establish the standard of care and causation under Wyoming Rule of Evidence 702. Spinal cord injury cases demand experts in neurology, neurosurgery, or orthopedic surgery who can explain complex medical concepts to establish how the defendant's actions fell below accepted medical standards.

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

Frequently Asked Questions: Wyoming Spinal Cord Injury Cases

What is the statute of limitations for spinal cord injury claims in Wyoming?

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file an administrative claim within two years of discovering the injury. For spinal cord injuries, this typically begins when you knew or should have known that medical negligence caused your condition, not just when symptoms first appeared.

What damages can I recover for a spinal cord injury in Wyoming?

Wyoming law allows recovery of all proven economic damages including lifetime medical care, lost wages, and disability-related expenses, plus non-economic damages for pain, suffering, and loss of enjoyment of life. Wyoming does not cap medical malpractice damages under Wyoming Statute § 1-1-109, but FTCA claims cannot include punitive damages.

How do Wyoming damage caps affect spinal cord injury cases?

Wyoming does not impose damage caps on medical malpractice cases, allowing full recovery of proven damages. This is particularly important for spinal cord injury cases where lifetime care costs can exceed several million dollars and economic losses may be substantial.

Can I sue a military doctor for spinal cord injury in Wyoming?

You cannot sue individual military doctors, but you can file an FTCA claim against the United States government for negligence by federal employees acting within their scope of employment. Recent changes in military medical malpractice law have expanded recovery options for active duty personnel in certain circumstances.

Do I need a Wyoming medical expert for my spinal cord injury case?

Wyoming requires expert witness testimony to establish medical malpractice under Wyoming Rule of Evidence 702. Your expert must be qualified in the relevant medical specialty (neurosurgery, neurology, or orthopedics) and familiar with the standards of care applicable to spinal cord injury treatment.

How long does a Wyoming spinal cord injury case take?

FTCA cases typically take 18-36 months from filing the administrative claim to resolution. The government has six months to respond to your administrative claim, after which you can file in federal court if the claim is denied or ignored.

What makes spinal cord injury cases different from other medical malpractice claims?

Spinal cord injury cases require specialized medical experts who understand complex neurological damage, involve significantly higher damage calculations due to lifetime care needs, and often require extensive documentation of functional limitations and future medical requirements that other malpractice cases may not involve. Beyond the technical complexities, these cases also involve profound emotional and psychological trauma for both the victim and their family members, who must suddenly adapt to a completely altered life trajectory involving potential paralysis, loss of independence, and dramatic changes in family dynamics and relationships. The importance of choosing an attorney with specific experience in spinal cord injury cases cannot be overstated, as these cases require deep understanding of both the medical complexities and the comprehensive life impact of such devastating injuries.

Can I file a claim if my spinal cord injury happened during emergency treatment?

Yes, emergency treatment does not eliminate liability for medical malpractice. However, the standard of care in emergency situations may be different than in non-emergency settings, requiring expert analysis of whether the medical team's actions were reasonable under the urgent circumstances presented. The importance of documenting all aspects of the emergency treatment cannot be overstated, including the timeline of events, the medical staff involved, and the specific treatments provided, as this documentation becomes crucial evidence in establishing whether appropriate emergency protocols were followed.

Why Choose the Archuleta Law Firm for Your Wyoming Spinal Cord Injury Case?

When you or a loved one has suffered paralysis, spinal cord damage, and nerve damage from medical negligence at a Wyoming 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.

  • Wyoming FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Wyoming 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 Wyoming, 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.

Free Case Evaluation: Wyoming Spinal Cord Injury Cases

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

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Understanding Your FTCA Rights

If you're a veteran or military family member dealing with a spinal cord injury in Wyoming, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial for protecting your interests. The FTCA allows you to seek compensation when negligent medical care at a VA facility or military hospital has resulted in serious harm.

It's essential to know that the FTCA has strict deadlines you must follow. You have two years from the date of injury or when you reasonably should have discovered the injury to file an administrative claim using Standard Form 95. Once you submit this claim, the federal agency has six months to respond. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

For spinal cord injury cases, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals understand both the complex medical aspects of spinal cord injuries and the legal intricacies of the FTCA process. They can effectively analyze medical records, identify deviations from the standard of care, and articulate how these failures led to your injury in terms that both courts and medical experts will understand.

Under the FTCA, you may be eligible to recover various types of damages. These can include past and future medical expenses, which is particularly important for spinal cord injuries that often require lifetime care. You can also claim lost wages and reduced earning capacity, especially if your injury affects your ability to work. Additionally, you may receive compensation for pain and suffering, emotional distress, and loss of quality of life.

Given the complexity of these cases and the strict deadlines involved, it's crucial to have your case evaluated as soon as possible. Many experienced FTCA attorneys offer free initial consultations to review your case and explain your options. During this evaluation, they can assess the strength of your claim, explain the specific process for Wyoming cases, and help you understand what to expect moving forward. Don't wait to seek legal guidance – the sooner you begin this process, the better positioned you'll be to protect your rights and secure the compensation you deserve.

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

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