Fort Hood Military Medical Malpractice Lawyers

Military Medical Malpractice Attorneys Serving Fort Cavazos

Military members and military families stationed in Fort Cavazos – often still called Fort Hood by local Texans – depend on military medical personnel for preventive care, specialist treatment, injury care, and emergency medical services. When medical care falls below accepted medical standards, though, the consequences can reshape your entire life and future.

The Government Accountability Office (GAO) has repeatedly found the Defense Health Agency does not consistently follow its own credentialing, privileging, and patient-safety-event review procedures  and does not timely report bad providers to the National Practitioner Data Bank. Chronic understaffing is documented and expected to worsen through at least 2027 with the study finding roughly 700 medical facilities were chronically understaffed. Worse, the tools military facilities use to monitor staffing are “missing key information and relies on inaccurate and incomplete data.” The full study can be found here.

Military medical malpractice cases require careful analysis, a thorough understanding of military healthcare systems, and strong familiarity with the federal claims process that governs these cases. At National Trial Law, we have all that and more. We are proud to represent military service members and their families nationwide, including those serving at or near Fort Hood, in claims involving negligent medical treatment at military medical facilities. Thanks to our experience and backgrounds, we’re fully familiar with the Federal Tort Claims Act (FTCA) and how it governs these case types. When you need legal help, start by coming to us.

Call (833) 913-1885 and arrange a free case review with our Fort Hood military medical malpractice attorneys and trial lawyers.

Military Medical Centers Serving Fort Hood

Troops stationed at Fort Hood (now officially known as Fort Cavazos) receive medical care through several major military treatment facilities. On an average day, Carl R. Darnall Army Medical Center sees  four newborn deliveries, 1,081 primary care visits, 1,401 specialty care visits, 13 surgeries, 2,224 laboratory tests, 435 radiology studies, 33 admissions, 134 Emergency Room visits, and fills 2,672 prescriptions. Darnell serves over 90,000 people. Given the large number of procedures and people that come through this hospital and the staffing problems the DHA faces, it’s important that patients take an active role in monitoring their own care to ensure that medical malpractice does not cause them complications.

Negligent care at any of the following facilities may form the basis of a military medical malpractice claim:

• Carl R. Darnall Army Medical Center
• Bennett Clinic & Pharmacy
• Monroe Clinic
• Thomas Moore Health Clinic
• Additional on-post medical and specialty clinics serving active-duty personnel and their families

Because these facilities handle everything from routine care to complex surgeries and specialty medicine, lapses in judgment or deviations from proper medical procedures can cause serious, permanent, or life-threatening injuries.

What is Military Medical Malpractice?

Military medical malpractice occurs when a military healthcare provider fails to meet the standard of care that a reasonably competent practitioner would deliver in similar circumstances, and that failure causes harm.

We often work on military medical malpractice cases that involve:

• Birth injuries
• Delayed diagnosis
• Stroke misdiagnosis
• Cancer misdiagnosis
• Heart attack misdiagnosis
• Medication errors or pharmacy mistakes
• Surgical errors or anesthesia mistakes
• Failure to properly treat infections
• Negligent postoperative monitoring
• Improper emergency care

Of these types of medical malpractice, birth injuries have the most potential for catastrophic and life long harm to the patient. Research studies have noted that military facilities underperform when it comes to the management of “postpartum hemorrhage, and birth trauma or injury” to the baby. That study also noted that military health systems  have “recently come under scrutiny for providing limited access to high-risk obstetric services and underperforming on certain performance outcomes. …  Female civilians in the US have also experienced increases in severe maternal morbidity and mortality and decreases in access to obstetric care, prompting the American College of Obstetricians and Gynecologists to recommend improved regionalization of maternal care.” 

Other studies show the need to improve the quality of nursing care at military hospitals. When an expectant mother is in the hospital for labor and delivery, the majority of their care is handled by the nursing staff at the hospital. This includes monitoring of both baby and mother’s health and the monitor of the baby’s heart rate using a fetal heart monitor. If the nursing staff is not trained properly on the use of the fetal heart monitor or they do not properly read the data, it could adversely impact the neurologic wellbeing of the baby. In some conditions, this could cause a condition known as hypoxic-ischemic encephalopathy (HIE) and cerebral palsy.

Our firm has had significant verdicts and settlements against Darnell arising out of birth injuries, including those resulting in HIE and cerebral palsy:

• Lebron v. United States — improper forceps use crushing a baby's skull, $23.25 million awarded.
• Dominguez v. United States — failure to respond to a fetal heart-rate monitor, over $18 million trial win.

The recurring Darnall themes are fetal-monitoring failures, oxytocin/Pitocin misuse, and delayed cesarean delivery.

How FTCA Applies to Most Military Medical Malpractice Claims

Unlike civilian medical malpractice cases, claims for injuries caused by military medical negligence are not usually filed in state courts. Instead, they generally proceed under the Federal Tort Claims Act or FTCA.

FTCA claims follow a unique administrative process that may involve these steps:

1. Administrative filing: An FTCA claim must be filed in writing with the appropriate federal agency, such as the Department of the Army or Department of Defense, before any further action can be taken. It must be done within 2 years of “accrual,” which is a legal term of art. Filing the claim with the wrong agency or not including everything required in a timely manner can result in the loss of your right to compensation.
2. Government review period: The government has time to review, investigate, and respond to the claim. Without proper legal guidance, injured service members may struggle to produce the evidence needed for the claim to proceed or “pass” government review.
3. Negotiation or further administrative action: If the agency denies the claim or fails to respond within the statutory timeframe, the claimant may pursue the next step allowed under federal law, which could include escalating the case to a federal lawsuit. Importantly, the claimant does not have a right to a jury trial.

While FTCA claims can compensate service members for medical malpractice injuries, strict rules apply. Working with our experienced FTCA attorneys can help you avoid mistakes and feel more confident about the direction your case is heading, all without adding work onto your shoulders.