MILITARY MEDICAL MALPRACTICE ATTORNEYS

Army, Navy and Air Force Hospital Medical Malpractice

When a service member joins the military, he or she does so with the knowledge that—at some point during their duties—they may be required to risk their lives and health on the battlefield. Service members deserve quality medical care at the hundreds of hospitals and military medical treatment facilities (MTFs) worldwide. Unfortunately, some service members and their dependents suffer injuries or die needlessly due to negligent care by military providers.

When one of the military branch clinics or hospitals commit medical malpractice, the injured party has the right to seek damages under the Federal Tort Claims Act (FTCA). Sadly, this is not an uncommon occurrence.

Our military malpractice lawyers handle many cases each year involving catastrophic injuries suffered by medical negligence at military hospitals on Army, Navy, and Air Force bases. We have represented service men and women across the United States and their families in a variety of cases. These include brain and spinal injury, wrongful death, failure to diagnose, surgical errors, and birth injuries.

What is Military Medical Malpractice?

Medical malpractice occurs when a medical professional fails to perform their duties within the accepted standard of care, causing harm to a patient. In a medical malpractice claim, an injured patient’s attorney must show that:

• The patient and the medical provider had a relationship in which the provider agreed to give care and was responsible for performing their duties competently (known as duty of care).
• The medical provider acted negligently or carelessly and did not adhere to the accepted standard of care during diagnosis or treatment.
• The medical provider’s negligence, more likely than not, caused injury, harm, or death that would not have occurred had they adhered to the standard of care.
• The injury caused some sort of damages to the patient, such as physical pain, mental trauma, medical expenses, physical impairment, mental impairment, physical disfigurement, and/or lost potential for future income.

Military service members and their families can experience military medical malpractice due to the negligence of personnel at an MTF or a Veterans Administration (VA) hospital in the same manner as civilians. Negligence at the hands of military health providers can involve improper administration of medications, failure to diagnose and treat an illness, failure to provide testing, or failure to treat infections.

How Do I Sue the Military?

When filing suit against the United States for injuries from medical malpractice at a military hospital, individuals must follow the strict rules of the FTCA.

• A Form 95 must be timely presented with the correct federal agency.
• The Form 95 must be signed, state the nature of your claim, and include a total amount of damages, also called a “sum certain.”
• The Form 95 must be presented within 2 years of accrual of the claim.
• Once the Form 95 has been presented to the appropriate federal agency, then you must work with the agency investigation to resolve your claim. There are a lot of pitfalls if you do not know what you are doing.
• If you cannot successfully resolve the claim administratively, you have the option of filing suit so long as you file within the appropriate limitations period.
• Once you have presented your Form 95, you must wait at least 6 months before you can file a federal lawsuit.

Our military medical malpractice lawyers have decades of trial experience and are able to assist you in this process. Please contact us for a free evaluation of your claim. 

If you believe you are a victim of military medical malpractice, contact us today.