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Military members and their families make great sacrifices on behalf of our country, so it’s reasonable for them to expect timely and quality health care. Unfortunately, for too many military families and veterans, the health care they receive is less than adequate to meet their needs.
Inadequate or low-quality health care can directly cause patients more harm and serious injury. Whether it’s a diagnosis error, an error in medication, or injuries incurred during a procedure or treatment, many of these cases constitute malpractice. Medical professionals and practitioners can and should be held accountable for the errors they make and the injuries they cause.
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In 2020, the law changed to allow active service members to file military medical malpractice claims under the Federal Tort Claims Act (FTCA). Since then, the Federal Tort Claims Act lawyers at Regan Zambri Long have worked with military members and their dependents to hold practitioners accountable, and we will do the same for you.
Our Bethesda personal injury lawyers are experienced with military medical malpractice claims and the FTCA. Whatever the details of your case, we can help you pursue justice. Schedule a free consultation online or by calling 202-960-4596.
Medical malpractice is a specific kind of personal injury claim perpetrated by medical personnel. It occurs when the practitioner fails to treat a patient the way any reasonable practitioner would in the same situation.
For example, if your doctor makes a diagnosis based on the symptoms you describe without doing any additional tests—but any other reasonable doctor with the same knowledge and training would have ordered additional tests—you may have a malpractice case.
When you file a medical malpractice lawsuit, you and your experienced lawyer will begin to hold the liable party responsible for your injuries. This could be an individual medical practitioner, such as a doctor or nurse, other staff members, or the medical facility as a whole.
When it applies to care received by current or former military members and their dependents, the rules for a medical malpractice case remain similar, but with the distinct difference that, instead of filing a claim against the individual or entity responsible for your injuries, you will file a claim with the federal government. The government does not allow its employees to be personally sued, instead, the FTCA allows injured victims to seek redress from the government itself.
Since the 2020 update, 448 service members have filed claims, totaling more than $4 billion. But by the end of 2022, only 11 claims had been settled and more than a quarter had been denied. These numbers do not include claims filed by or on behalf of military dependents.
Although military members deserve quality medical care, medical malpractice within military hospitals and facilities is as prevalent as it is in civilian facilities, and the consequences of negligence can be catastrophic. Even military or government healthcare facilities must be held accountable for the negligence of their staff.
In July 2022, a verdict was finally reached in a military medical malpractice lawsuit filed against the Walter Reed National Military Medical Center in Bethesda, Maryland.
The family of a young boy was awarded $14 million after surgery to correct recurring ear infections that resulted in permanent brain damage.
While the compensation awarded depends on the facts of each military medical malpractice case, if you or your loved one has suffered because of the negligence of a military-affiliated medical professional, you should schedule a free case evaluation with Regan Zambri Long by calling 202-960-4596.
Anyone who is treated at a military hospital or medical facility can file a military medical malpractice claim. This includes active duty and reserve service members, retired service members, veterans, and dependents.
For your claim to qualify as military medical malpractice, you must show that a federal employee caused your injury, that the employee was working within the scope of their official duties, the negligent or wrongful actions caused injury to the patient, and the injury resulted in actual damages to the patient.
Although patients may occasionally cry malpractice over unsatisfactory health care and treatment, a military medical malpractice suit requires that you have documented evidence that the action or inaction of the military medical personnel directly caused you further harm. You will also need to establish that, had you received care from another practitioner, you would likely have experienced better results.
Some of the most common military medical malpractice injuries include:
Medical malpractice or negligence does not always have catastrophic consequences, but too often it leads to long-term suffering on behalf of the victim.
The exact value of your military medical malpractice suit will vary depending on the facts of your situation and the extent of injuries and damages you have suffered because of the negligence.
In general, you can be compensated for two kinds of damages:
Your Bethesda military medical malpractice lawyer will help you calculate the amount of compensation you are owed based on the damages you suffered.
Military medical malpractice claims can be complicated to navigate. It is always going to be in your best interest to hire an experienced military medical malpractice lawyer from Regan Zambri Long to assist you in claiming the compensation you deserve.
The first step in seeking compensation for your military medical malpractice is filing an administrative claim with the U.S. Government. The government then has six months to review your claim and either deny it or offer a settlement. Your administrative claim should detail exactly what happened, list the monetary value of the damages you suffered, and be signed by the claimant.
If your claim is denied or the settlement offer is unsatisfactory, your next step will be to bring your claim to a full lawsuit. For that, you will want a lawyer with trial experience involving the government.
Facing a military medical malpractice case can be overwhelming on its own, and can become more overwhelming when you realize you must choose the best lawyer to represent you.
In any personal injury case, you want a trustworthy law firm with a track record of success and a reputation for compassion and justice.
When evaluating a law firm or lawyer’s website, you should look for a successful experience with cases like yours, as well as testimonials that speak to the character of the lawyer or lawyers who will represent you.
At Regan Zambri Long, our verdicts and settlements include numerous high-dollar medical malpractice cases against individuals and organizations, as well as cases involving the Federal Tort Claims Act. Additionally, the testimonials from our satisfied clients will give you the confidence you need to trust us with your case.
No one should have to worry that they received negligent medical care, but the unfortunate reality is that medical malpractice and negligence occur in civilian and military hospitals and medical facilities with some regularity. If you or your loved one have been the victim of military medical malpractice, you can seek compensation for your injury.
The legal team at Regan Zambri long have more than 100 years of cumulative experience with personal injury claims and we are ready and willing to bring it all to bear on your claim. Our Bethesda military medical malpractice lawyers can meet with you for a free case evaluation to review the next steps in your claim and to begin the process of getting the financial compensation you deserve. Call us today at 202-960-4596.
Although many situations can be considered either medical negligence or medical malpractice, legally the two have some differences.
For an incident to be medical negligence, the doctor or medical provider unknowingly causes harm or further injury to the patient.
An incident moves from negligence into malpractice when the practitioner is aware of potential consequences and harm but proceeds anyway.
Both negligence and malpractice situations can and should be brought to light through a personal injury claim. If you believe that your medical care has caused you additional harm, contact Regan Zambri Long for a free consultation.
A medical practitioner does not have to cause intentional harm to be liable for negligence or malpractice. Most times the injury is not intentional. When proving negligence, motive is not required. You will need to show that the liable party had a duty of care, that the duty of care was breached, that the breach caused damages, and that you were the victim of the injury and/or damages.
The Federal Tort Claims Act makes it possible for you to hold the federal government liable for any medical negligence or malpractice you suffer at the hands of a military-affiliated medical professional or military hospital. Active duty service members, retired personnel, veterans, and military dependents can file military medical malpractice claims.
Your medical malpractice attorney will help you file an administrative claim first, giving the government a chance to offer a settlement for your claim. If your claim is denied or the settlement offer is too low, your lawyer will help you take the next step of filing a military medical malpractice lawsuit in federal court.
The Federal Tort Claims Act (FTCA) is legislation that allows people to bring a lawsuit against the federal government because of the wrongful or negligent actions of any federal employee. The action(s) must have been committed in the scope of the employee’s official duties for the FTCA to apply.
A 2020 addition to the act has made it possible for active duty military members to bring military medical malpractice claims against the government when their care and/or treatment has been negligent. Military members and their dependents who are seen by military medical personnel or are seen by providers on behalf of the government can now seek compensation for medical malpractice or negligence.
A 1950s case set the legal standard for decades, preventing active military members from suing for injuries or death that occurred within the scope of the member’s duties. This precedent, known as the Feres doctrine, excluded active military members from filing claims via the FTCA because it claimed the act was never meant to apply to service members. The 2020 change to the standard is a step toward justice for many military families and service members. If you or your loved one suffered military medical malpractice, you can schedule a free case evaluation with a Regan Zambri Long medical malpractice attorney.
If you are a military member or dependent and you received care outside of a military facility, any medical malpractice or negligence claims should be filed against the personnel or facility you received care from.
The attorneys at Regan Zambri Long are experienced with both military medical malpractice cases and civilian malpractice cases and they offer a free case evaluation to all prospective clients.
The statute of limitations for FTCA claims is two years from the incident or discovery of the injury. If you fail to file your claim within the two-year window, it will most likely be dismissed.
It is in your best interest to consult with an experienced military medical malpractice lawyer as soon as you suspect malpractice occurred. Your lawyer will investigate your claim and help you take the appropriate next steps within the statute of limitations.
Although you are not required to hire a lawyer for your military medical malpractice case, it is rarely a good idea to forego legal counsel. Malpractice cases can be complex, especially when the military and federal government are involved.
An experienced lawyer will know the process of a federal tort claim and will ensure that the proper steps are taken within the allotted time frame. Additionally, a lawyer will help you total the damages you suffered and can take your claim to trial if the settlement offer is too low.
You shouldn’t have to face your legal battles alone. When you hire the Bethesda military malpractice lawyers at Regan Zambri Long, we will take on the legal burden so that you can focus on recovering from your injuries.
Additionally, we believe that money should not hinder your case. We operate on a contingency fee basis, meaning we don’t collect any legal fees until we’ve made a recovery in your favor.
You can schedule your free case evaluation online or by calling 202-960-4596.
