Military families devote their lives to our country. They deserve quality medical care whether stationed at home or abroad. Unfortunately, that’s not always the case and mistakes can occur, leading to severe injury or death. If this happens to you or a loved one, you have the right to file a medical malpractice lawsuit against the healthcare professional in a military medical facility.
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A military medical malpractice claim requires the injured individual to file a claim with the federal government, as opposed to filing a claim in court against a private healthcare facility or individual.
According to the law, you must file a claim under the Federal Tort Claims Act (FTCA) with a military medical malpractice case. The FTCA allows military dependents and other non-active duty victims to file a claim with the government for injuries resulting from the negligence of military doctors or other health care providers acting on behalf of the United States.
The following conditions must be met for a successful military medical malpractice claim:
Until recently, active personnel could not file a medical malpractice claim against the military. But in 2020, the law was changed to allow active service members to file claims.
It’s important to note that claims must be filed within two years of the alleged incident or two years after the claimant learned that their injury or a loved one’s death resulted from medical malpractice.
Military medical malpractice is caused by negligence from a doctor or another medical professional to a patient in a military or veterans’ healthcare facility. This negligence results in an injury or death for the patient.
Typical forms of military medical malpractice include, but are not limited to:
Before filing a claim for military medical malpractice, your first step is to file an administrative claim with the government. In this claim, you need to provide specific details about the accident. You will also need to specify a dollar amount you seek in damages.
The government will then take up to six months to review your claim. It will then either offer a settlement or deny your claim. If your claim is rejected or you believe the settlement is too low, you can file a lawsuit.
It’s essential to file the administrative claim within two years of the incident. Not only does it give the government a chance to settle the matter, but your case will also be thrown out.
Remember, a military medical malpractice claim can be extremely complex to handle on your own. It’s best to speak with an experienced attorney who has the knowledge needed to file the suit on your behalf so you can get the maximum amount of compensation available.
The legal road for military medical malpractice claims can be extremely long and complex. Your biggest asset and ally will be a good lawyer who can help you navigate the complicated process.
Our highly experienced law firm regularly represents patients and families under the Federal Tort Claims Act. This complex law requires a complete understanding of the practice area.
You should consider entrusting your military medical malpractice case to our firm because we:
At Regan Zambri Long, our firm’s expertise includes an attorney who is a trained nurse and others with extensive experience in medical malpractice cases. As a result, we have the resources, strategies, and determination needed to guide you on the path to success and help you recover damages from your injury.
Discuss your case today with a leading medical malpractice lawyer in DC at Regan Zambri Long. Our free consultation will help answer your questions and discover your best route forward.
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Can You Sue a Military Medical Facility for Medical Malpractice?
Yes, you can sue a military medical facility for malpractice. After experiencing an injury at a military medical facility, you may wonder how do you sue a military hospital for medical malpractice. And although you can’t hold a federal employee personally liable for any injuries while they are on the job, you can file a claim against the government for any damages you may have received under a federal employee’s care.
What Do I Need to Prove to Win a Military Medical Malpractice Suit?
For a successful military medical malpractice lawsuit, you will need to prove the following:
What If I Was Injured Outside of the United States?
The FTCA would exclude military personnel from pursuing claims outside the United States, even if your injuries occurred on a U.S. military base. However, you may file a claim under the Military Claims Act (MCA).
U.S. citizens out of the country can file an MCA personal injury claim for personal injury and property damage or loss that the Department of Defense caused. These are payable only if the injury resulted from negligence or a wrongful act caused by DOD personnel while acting within the scope of their employment.
Where Do I Submit My Military Medical Malpractice Claim?
Where you submit your claim all depends on the military branch:
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