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What is military medical malpractice?
Medical malpractice refers to any act or omission by a healthcare provider that deviates from accepted standards of practice in the medical community, leading to injury or harm to the patient. In the military context, medical malpractice encompasses acts of negligence or incompetence by military healthcare providers.
UNIQUE ASPECTS OF MILITARY MEDICAL MALPRACTICE CLAIMS
While Veterans and military dependents have always been able to sue for military medical malpractice, the Feres Doctrine has traditionally barred active-duty military personnel from suing the government for injuries that are incidental to service, including medical malpractice. This doctrine has long been a point of contention, as it denied active duty service members the same legal rights enjoyed by civilians. However, recent changes in legislation have given active duty victims of medical negligence the right to bring an administrative claim.
LEGAL RIGHTS OF MILITARY PERSONNEL IN MEDICAL MALPRACTICE CASES
In a landmark shift, the National Defense Authorization Act (NDAA) for 2020 included a provision that allows active duty service members to file administrative claims against the Department of Defense for medical malpractice injuries. This change does not completely overturn the Feres Doctrine, but it does provide a pathway for military personnel to seek compensation for medical malpractice injuries.
THE PROCESS OF FILING A MEDICAL MALPRACTICE CLAIM IN THE MILITARY
STEPS TO FILING A MEDICAL MALPRACTICE CLAIM
Filing a medical malpractice claim in the military involves several steps. First, contact an attorney experienced in handling FTCA cases. It is important to identify the act of negligence and gather evidence to support the claim. This can include medical records, witness testimonies, and expert opinions. Next, the claim must be filed with the appropriate federal agency within two years of the incident. It's important to note that the process can be complex and challenging, making it crucial for service members to seek legal assistance.
THE ROLE OF THE Federal government IN MEDICAL MALPRACTICE CLAIMS
Depending on where the negligent care was received, the federal agency responsible plays a crucial role in handling medical malpractice claims filed by military personnel. Once a claim is filed, the Department of the Army, the Department of the Navy, the Department of the Air Force, or the Department of Veterans Affairs investigates the allegations and determines whether compensation is warranted. However, the process can be lengthy and complex, often requiring extensive documentation and evidence. This underscores the importance of having legal representation to navigate the process and advocate for the service member's rights.
Recovery FOR MILITARY PERSONNEL IN MEDICAL MALPRACTICE CASES
AVAILABLE REMEDIES FOR VICTIMS OF MILITARY MEDICAL MALPRACTICE
Victims of military medical malpractice have several legal remedies available. These can include compensation for medical expenses, loss of earnings, and pain and suffering. However, obtaining these remedies can be a complex process, requiring a thorough understanding of federal law and strong legal representation. This is where the expertise of a military medical malpractice lawyer can be invaluable.
UNDERSTANDING THE ROLE OF MILITARY MEDICAL MALPRACTICE LAWYERS
Military medical malpractice lawyers play a crucial role in advocating for the rights of service members who have been victims of medical negligence. They have a deep understanding of federal law and the unique aspects of military medical malpractice cases. They can guide service members through the complex process of filing a claim, gathering evidence, and negotiating a fair settlement. National Trial Law is a leading law firm specializing in military medical malpractice cases nationwide, offering expert legal representation to service members and their families.
If you or a loved one has been a victim of medical malpractice in the military, it's crucial to understand your legal rights and seek professional legal help. At National Trial Law, we specialize in military medical malpractice cases and are committed to advocating for the rights of service members. Contact us today to learn more about how we can assist you.