How Do I Sue a Military Hospital for Medical Malpractice?

Do You Have a Military Hospital Medical Malpractice Lawsuit?

Regan Zambri Long’s Washington, DC military medical malpractice lawyers have a proven track record handling claims against military hospitals, including a $5.3 million verdict in a case involving a delayed diagnosis at a military medical facility that led to severe brain injury. Suing a military hospital is not the same as pursuing a civilian malpractice case, and it requires a clear understanding of federal law, administrative claim procedures, and how medical negligence is evaluated within the military healthcare system.

Recognized as one of the Best Law Firms in America, our team includes six partners named among the nation’s 500 Leading Plaintiff Consumer Lawyers, and we have achieved more than $1 billion in personal injury settlements and verdicts. We work closely with top medical experts to review records, identify where standards of care were missed, and build strong cases under the Federal Tort Claims Act.

Have you suffered harm due to medical malpractice at a military hospital? Contact Regan Zambri Long today, and one of our award-winning attorneys will reach out to you personally. We are available 24 hours a day, 7 days a week, and there’s no fee unless we win your case.

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What Is Military Medical Malpractice?

Military medical malpractice occurs when an individual is injured due to the negligence of a military healthcare provider or facility. Common examples include:

To prove military malpractice, you, as the injured victim, will need to show the following:

  • You were a patient at a military hospital,
  • Medical professionals acted negligently,
  • Negligence caused the injury and damages to you.

How Is a Military Medical Malpractice Claim Different From a Civilian Claim?

In a standard medical malpractice claim, you can file a suit against the physician, healthcare workers, or facility that caused the injury. But a military medical malpractice claim is different. Instead of the doctor or the hospital, you will be filing a claim with the U.S. government under the Federal Tort Claims Act (FTCA) .

According to FTCA, any injured party can hold the government liable for the injuries caused by employees, representatives, or federal government entities, such as a V.A. hospital.

For military personnel who have been injured in a military hospital outside the United States, you have the right to file a lawsuit under the Military Claims Act (MCA). Like the FTCA, it allows those who received injuries outside of the U.S. to file a claim.

Up until 2020, only military dependents, retired personnel, and veterans were allowed to file a medical malpractice lawsuit. That changed when Congress enacted the SFC Richard Stayskal Military Medical Accountability Act, which was included in the 2020 National Defense Authorization Act (NDAA) and created a pathway for active-duty service members to pursue medical malpractice claims against the military.

What Are the Steps to Suing a Military Hospital for Medical Malpractice?

Before filing a military medical malpractice claim, you need to file an administrative claim with the U.S. government. To file the administrative claim, the injured victim can use a Standard Form 95, Claim for Damage, Injury, or Death, also known as an SF95. It’s essential to fill out an administrative claim with the government; not only does this give the government a chance to settle the claim, but many courts may toss out your military medical malpractice lawsuit if you don’t file an SF95 first.

The administrative claim must include the following information:

  • You give a detailed explanation of what occurred
  • You have a total dollar amount of the damages caused by the negligence
  • A signature of the claimant

You will also need to file documentation that proves your claim satisfies all these requirements. Finally, you have to file the claim with the government within two years of the incident.

Once you submit the claim, the medical facility has six months from the date the claim was submitted to review it. After the claim is reviewed, the government will either deny the claim or provide a settlement. A 2024 report found that in the four years following the passage of the NDAA, the military services received 597 medical malpractice claims, and only 20, or about 3%, resulted in approved payments through the administrative process. If the claim is rejected or the compensation is too low, you can file a medical malpractice lawsuit in federal court.

Why Do I Need Regan Zambri Long’s Military Medical Malpractice Lawyers?

If your claim has been denied or you’re unhappy with the settlement, you will need to speak with a medical injury attorney who has the experience necessary to fight on your behalf in the courtroom. With almost 200 years of collective experience, Regan Zambri Long PLLC has handled military medical malpractice claims throughout the DC Metro area. We are skilled medical liability trial lawyers who’ve achieved multimillion-dollar verdicts for our clients for over three decades, including a $5.3 million recovery pursued under the Federal Tort Claims Act involving negligent medical care at Andrews Air Force Base.

 

Our team includes some of the finest medical malpractice attorneys in Washington, DC, with eight of our attorneys named among Best Lawyers’ Top 30 Medical Malpractice Plaintiff Attorneys in the District, five named as Washington, DC Medical Malpractice Super Lawyers, and senior partner Patrick Regan twice being named as DC’s Lawyer of the Year for Medical Malpractice Law by Best Lawyers.

 

That depth of experience also includes a partner widely regarded as Washington, DC’s top nurse attorney. Jacqueline Colclough is a former obstetrical and neonatal nurse with over 30 years of legal experience. She has achieved some of DC’s highest medical malpractice recoveries, including a $15 million settlement for a child who suffered an in-hospital cardiac arrest, an $8 million settlement for a woman who suffered quadriplegia as a result of a medical error, a $6.5 million settlement for an infant who suffered neurological injuries after birth, and $2.75 million for a woman who suffered an undiagnosed and untreated stroke.

Don’t delay if you were injured at a military hospital and need help filing a claim under the FTCA. Instead, contact our Washington, DC military medical malpractice lawyers today for a free consultation.

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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