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Military & VA Medical Malpractice

Wyoming VA & Military Surgical Errors Malpractice Attorneys

Experienced attorneys helping military families recover maximum compensation for surgical errors at Wyoming military hospitals.

$145M+
Recovered
25+
Years Experience
MD/JD
Doctor-Attorney
$0
Until We Win

When veterans and military families seek medical care at Wyoming's VA medical centers and military hospitals, they trust these facilities to provide safe, competent surgical care. Unfortunately, surgical errors at federal facilities can result in devastating complications, permanent disability, and life-threatening conditions that require extensive additional treatment.

At the Archuleta Law Firm, our founding attorney brings a unique perspective to surgical error cases—holding both a medical degree (MD) and law degree (JD). This dual expertise allows us to thoroughly understand the medical standards of care that should have been followed and identify where negligence occurred. With over $145 million recovered for clients nationwide, we have the experience to handle complex surgical malpractice cases against the federal government.

If you or a loved one suffered a surgical error at a Wyoming VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). FTCA claims differ from civilian cases by following federal procedures and requiring direct filing against the United States government rather than individual providers.

What Causes Surgical Errors at Wyoming Military & VA Hospitals?

  • Wrong-Site Surgery: Operating on the incorrect body part, wrong side of the body, or wrong patient represents a complete breakdown in surgical safety protocols. These "never events" occur when surgical teams fail to follow proper verification procedures and timeout protocols before making the first incision.

  • Retained Surgical Instruments: Leaving sponges, gauze, clamps, or other surgical instruments inside a patient's body after surgery is clear negligence. Hospitals must count correctly and use imaging to verify no items are retained to prevent infections, bleeding, and more surgeries.

  • Anesthesia Errors: Administering incorrect dosages, failing to monitor vital signs during surgery, or inadequate pre-operative evaluation can result in brain damage, cardiac arrest, or death. Anesthesiologists must continuously monitor patients and immediately respond to changes in their condition.

  • Surgical Site Infections: Not all infections are malpractice, but those from improper sterilization, contaminated instruments, or failure to follow infection control can lead to sepsis and prolonged recovery.

  • Post-Operative Negligence: Failing to monitor patients, delayed response to warning signs, or inadequate wound care can transform minor issues into life-threatening conditions needing emergency intervention.

Wyoming Facilities Where We Handle Surgical Errors Cases

Our firm represents clients who suffered surgical errors at federal medical facilities throughout Wyoming, including major VA medical centers and military treatment facilities that perform complex surgical procedures.

Cheyenne VA Medical Center - This facility provides comprehensive surgical services to veterans across southeastern Wyoming, where surgical errors during orthopedic, cardiac, or general surgery procedures can have devastating consequences.

F.E. Warren Air Force Base Medical Facility - Located in Cheyenne, this military treatment facility serves active duty personnel and their families, performing various surgical procedures where negligent care can result in permanent injury.

Veterans Affairs Community-Based Outpatient Clinics - Multiple CBOC locations throughout Wyoming provide surgical and procedural services where errors in minor surgeries or procedures can still constitute federal medical malpractice.

View all Wyoming VA & Military Facilities

Warning Signs: Is Your Surgical Errors Medical Malpractice?

  • Unexpected complications that were not discussed as normal risks before surgery
  • Surgery performed on the wrong body part, wrong side, or involving procedures you did not consent to
  • Discovery of surgical instruments, sponges, or other foreign objects left inside your body after surgery
  • Severe infections at the surgical site that required additional hospitalizations or treatments
  • Significant nerve damage or paralysis that was not expected as a potential outcome
  • Anesthesia awareness (being conscious during surgery) or complications from anesthesia administration
  • Surgical wounds that fail to heal properly due to poor surgical technique or inadequate post-operative care
  • Need for immediate additional surgeries to correct problems from the original procedure

Damages Available in Wyoming Surgical Errors Cases

Economic Damages

Surgical error victims can recover compensation for all measurable financial losses, including lifetime medical care costs which can exceed $500,000 for severe complications requiring ongoing treatment. Additional corrective surgeries to repair damage from the original error, including specialized procedures and extended hospital stays, are fully compensable. Lost wages and reduced earning capacity affect families for decades, particularly when surgical errors result in permanent disability preventing return to previous employment. Rehabilitation costs including physical therapy, occupational therapy, and assistive medical equipment represent substantial ongoing expenses that continue throughout the victim's lifetime.

Non-Economic Damages

Pain and suffering compensation addresses the physical discomfort, emotional trauma, and psychological impact of surgical errors and their aftermath. Loss of enjoyment of life damages recognize how surgical complications prevent victims from participating in activities they previously enjoyed. Emotional distress and mental anguish from the trauma of surgical negligence, particularly when "never events" like wrong-site surgery occur, warrant significant compensation. Impact on family relationships and spousal consortium losses affect entire families when surgical errors result in permanent disability or disfigurement.

Wyoming-Specific Considerations

Under Wyoming's Governmental Claims Act (W.S. § 1-39-118), state governmental entities face damage caps of $1,000,000 for medical malpractice cases. However, FTCA claims against federal facilities operate under federal law rather than state damage limitations. The Federal Tort Claims Act (28 U.S.C. § 2674) allows full compensation for damages without statutory caps, meaning surgical error victims can recover their complete economic and non-economic losses. This distinction makes federal FTCA claims potentially more valuable than similar claims against state or private healthcare providers in Wyoming.

Wyoming Legal Requirements for Surgical Errors Claims

Statute of Limitations The Federal Tort Claims Act requires all claims to be filed within two years of discovery of the injury (28 U.S.C. § 2675). Wyoming's discovery rule may provide additional protection, as the state recognizes that some surgical complications are not immediately apparent. Under Wyoming Statute W.S. § 1-39-114, the statute of limitations may be extended if the surgical error was not reasonably discoverable within the standard timeframe, particularly relevant for retained surgical instruments or delayed infection complications.

Expert Witness Requirements Wyoming medical malpractice cases typically require expert medical testimony to establish the standard of care and prove negligence occurred. Expert surgeons review medical records, surgical reports, and post-operative care to determine if physicians met accepted medical standards. Our firm's medical doctor founder often provides crucial insight into complex surgical procedures and helps identify the most qualified expert witnesses for each specific type of surgical error.

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

Frequently Asked Questions: Wyoming Surgical Errors Cases

What is the statute of limitations for surgical error claims in Wyoming?

FTCA claims must be filed within two years of discovering the surgical error under federal law (28 U.S.C. § 2675). Wyoming's discovery rule may extend this timeframe if the surgical error was not immediately apparent, such as retained surgical instruments discovered months later during follow-up imaging.

What damages can I recover for surgical errors in Wyoming?

Unlike claims against Wyoming state entities, FTCA surgical error cases have no statutory damage caps. You can recover full economic damages including lifetime medical costs, lost wages, and rehabilitation expenses, plus non-economic damages for pain, suffering, and loss of enjoyment of life.

How do Wyoming's damage caps affect my surgical errors case?

Wyoming's $1,000,000 medical malpractice cap under W.S. § 1-39-118 applies only to state governmental entities. Federal FTCA claims against VA and military hospitals operate under federal law without damage limitations, potentially allowing greater recovery than similar state claims.

Can I sue a military doctor for surgical errors in Wyoming?

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligent care provided by military physicians. The federal government assumes liability for medical malpractice by its employees acting within their scope of employment.

Do I need a Wyoming medical expert for my surgical errors case?

Yes, surgical error cases require expert medical testimony to establish the standard of care and prove negligence. We work with board-certified surgeons who can review your case and provide testimony about how the surgical care fell below accepted medical standards.

How long does a Wyoming surgical errors case take?

FTCA cases typically take 18-36 months from filing the administrative claim to resolution. Complex surgical error cases requiring extensive medical record review and expert analysis may take longer, particularly if the case proceeds to federal court trial.

What if my surgical error happened at a VA hospital in Wyoming?

VA hospital surgical errors follow the same FTCA procedures as military hospital cases. You must first file an administrative claim with the VA, then can proceed to federal court if the claim is denied or not resolved within six months.

Can family members file wrongful death claims for fatal surgical errors?

Yes, if surgical errors result in death, surviving family members can file FTCA wrongful death claims under Wyoming's wrongful death statute. These cases can recover funeral expenses, lost financial support, and loss of companionship damages for surviving spouses and children.

Why Choose the Archuleta Law Firm for Your Wyoming Surgical Errors Case?

When you or a loved one has suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications 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 Surgical Errors 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 Surgical Errors 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 Surgical Errors takes on families. Our team is here to support you through every step of the legal process.

Free Case Evaluation: Wyoming Surgical Errors Cases

If you or a loved one suffered wrong-site surgery, anesthesia errors, retained surgical instruments, and post-operative complications 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 Surgical Errors victims. Our Wyoming Surgical Errors 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 who has experienced a surgical error at a VA facility in Wyoming, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at a VA facility has caused injury or harm, but you must act within strict timeframes to protect your rights.

You have two years from the date you discovered (or reasonably should have discovered) the injury to file an administrative claim using Standard Form 95. This initial claim must be filed with the Department of Veterans Affairs, and you must include a specific dollar amount for your damages. The VA then has six months to investigate and respond to your claim. If the VA denies your claim or fails 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 surgical error case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with medical experts. Their unique combination of medical and legal expertise allows them to build stronger cases and often achieve better outcomes for veterans and their families.

Through an FTCA claim, you may be able to recover various types of damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. In Wyoming, there are no caps on damages in medical malpractice cases, which means you can pursue full compensation for all your losses. This can include costs for corrective surgeries, rehabilitation, medical equipment, and long-term care needs.

If you or a family member has experienced a surgical error at a VA facility in Wyoming, you should consider speaking with an experienced FTCA attorney immediately. Many law firms that specialize in veteran medical malpractice cases offer free initial consultations to evaluate your claim. During this consultation, you can learn about your legal options without any financial obligation. Remember, these cases are complex and time-sensitive, so seeking professional legal guidance early can help protect your rights and maximize your chances of receiving fair compensation.

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

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Why Choose Our Firm

  • Doctor-Attorney on staff (MD/JD)
  • $145M+ recovered for clients
  • 25+ years of experience
  • No fee unless we win
  • Nationwide FTCA practice
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