Military Medical Malpractice

military medical malpractice

Are you or someone close a victim of negligent healthcare at a military medical treatment facility? You may have grounds to file a medical malpractice claim under the Federal Tort Claims Act. The Indiana medical malpractice attorney at the Law Office of Kelley J. Johnson can take the stress off your shoulders by pursuing your claim against the government on your behalf. Contact us today to get started with a free, no-obligation consultation.

How a Military Medical Malpractice Attorney Can Help You with Your Claim

Military medical malpractice claims arise when doctors, nurses, or other healthcare providers at military medical facilities provide negligent or substandard care to patients. Military personnel, families, retirees, and veterans can suffer devastating physical injuries and financial loss at the hands of military medical professionals — often without knowing where to turn for help.

A medical malpractice attorney is crucial in helping military personnel bring claims against the government for medical malpractice. A lawyer can:

  • Collect Evidence – An attorney gathers evidence to build a strong case for you. This includes obtaining your medical records, medical history, witness statements, and expert opinions to confirm the negligent medical treatment.
  • Handle Administrative Processes – Attorneys understand the complex claims process mandated by the National Defense Authorization Act (NDAA), which involves the filing of administrative claims with the appropriate federal agencies. Timeliness is paramount. In most cases, administrative claims must be filed within two years of the alleged malpractice incident.
  • Represent You in Court – In court, the attorney develops legal strategies and presents compelling arguments and evidence to support your claims of negligent treatment by a military healthcare provider.

When Does Medical Malpractice Occur?

Medical malpractice happens when doctors or other medical professionals deviate from the medical standard of care while treating patients. This means that a doctor or healthcare provider can be responsible for your injuries if their treatment fails to conform to what another doctor with similar training and experience would do in a medical situation like yours.

Common examples of medical malpractice are:

Can I Sue the Government for Military Medical Malpractice

If you suffered malpractice at a military medical facility or military hospital, your claim likely involves the U.S. federal government. Therefore, medical malpractice cases are handled differently when the negligence occurs in military facilities rather than civilian hospitals. The Federal Tort Claims Act (FTCA) is a law that allows active-duty members, veterans, and their families to file administrative claims against the United States government for military medical malpractice.

The FTCA has specific rules you’ll need to follow, so you may want to get the help of an experienced military medical malpractice lawyer. Under the FTCA, you must file an administrative claim within two years of injury. The claim must specify the circumstances of your injury and the exact amount of compensation you seek. After filing your administrative claim, the government has six months to investigate your claim. If the government doesn’t decide within six months, veterans and family members may be able to file a personal injury lawsuit under the FTCA in federal court.

Notably, until recently, only veterans, as well as their families and dependents, could file claims against the government for military medical malpractice. A legal rule called the Feres Doctrine barred active-duty military personnel from bringing claims or filing suit under the FTCA for medical malpractice.

However, in 2019, Congress passed a law as part of the National Defense Authorization Act (NDAA) that provided some relief. The law allows active-duty military personnel to file administrative claims (but not traditional lawsuits) against military doctors, hospitals, nurses, and other medical personnel for their negligent medical treatment. While active-duty service members still cannot sue the military in court, they can seek relief through the administrative claims process.

Filing a military medical malpractice claim can be overwhelming and confusing, especially with the requirements and limitations surrounding the FTCA. An experienced attorney in your corner to navigate the complexities can make all the difference.

Damages You Can Recover in a Military Medical Malpractice Claim

If you’ve been hurt by military medical malpractice, you can seek both economic and non-economic damages as part of your claim. Economic damages reimburse the victim for financial costs related to the malpractice, including the following:

  • Medical expenses
  • Future medical expenses
  • Lost income

Non-economic damages are harder to qualify in a dollar amount and include the following:

  • Pain and suffering
  • Loss of enjoyment/quality of life
  • Lost earning capacity

Non-economic damages are capped at $750,000. Economic damages are not usually capped, allowing victims to recover any amount they can prove.

How to File a Military Medical Malpractice Claim

When pursuing a malpractice claim against the government, you do not start by filing a traditional “lawsuit” in a state or federal court. Instead, the first step in FTCA medical malpractice claims is to file a Standard Form 95 (SF95) with the appropriate military branch’s tort claims division or other appropriate federal agency. Veterans usually file their claims with the U.S. Department of Veterans Affairs regional counsel for the area where the malpractice occurred. The Indiana military medical malpractice attorneys with the Law Office of Kelley J. Johnson can advise you on where to file your claim.

The SF95 requires that you state the exact dollar amount of compensation you are seeking. The completed SF 95 must be filed within two years of the injury.

It is essential that the initial claim includes all pertinent information and is prepared correctly. Working with an attorney can help you avoid jeopardizing your legal rights. Our attorneys have the knowledge and resources to guide you through this complex process, especially if you’re unfamiliar with the FTCA. Let us help.

Contact Our Experienced Medical Malpractice Lawyers for Help

If you’ve been the victim of military medical malpractice, the Law Office of Kelley J. Johnson is here to assist. We have nearly 20 years of legal experience to put to work pursuing the compensation and justice you deserve. Contact us for a free, no-obligation case review.