Military Medical Malpractice Cases For Veterans And Their Dependents
Throughout the United States, there are several military hospitals owned and operated by the Armed Forces and/or the Department of Veterans’ Affairs. However, when medical negligence occurs, military dependents and/or veterans can suffer serious injury or death due to malpractice. In recent years, numerous medical malpractice cases have been reported at some of these facilities, leading to questions about how these cases are handled, who is responsible for providing proper care, and what recourse patients have if harmed by negligent treatment. If a veteran or military dependent is injured or their condition worsens due to medical malpractice while receiving care at a military or VA hospital, they may be eligible to pursue legal action against those responsible.
Military veterans have earned and deserve the highest quality of care, and when their medical care is not up to standard, they have a right to pursue justice. The same is true for dependents of active duty servicemembers. While no amount of compensation can rectify an injury caused by malpractice, it can help ensure that those responsible pay for their actions. It also provides much-needed financial support to victims of medical negligence. If you or someone you know has been harmed due to medical malpractice while receiving care at a military hospital, contact a qualified attorney who can guide you through your legal options.
Can You Sue the Military for Medical Malpractice If You’re a Veteran or Military Dependent?
U.S. military veterans and their dependents can sue the military for medical malpractice under the Federal Tort Claims Act (FTCA). Be aware that options for veterans and their dependents differ from those of active duty service members.
If you or a loved one have suffered from medical malpractice at a military hospital, know you are not alone. Negligence is a common issue in such cases, and it can have devastating consequences.
Examples of military malpractice include:
- A misdiagnosis or late diagnosis of a health condition
- Mistakes made during surgery
- Failing to remove surgical tools after a procedure
- Prescribing the wrong medication or wrong dosage of medication
- Not warning the patient of the possible risks of a medical procedure
At The Doctor Lawyer Team, we understand the complexities of military medical malpractice cases. Our experienced military medical malpractice attorneys and in-house medical doctor are here to fight for you and your family. Contact us to schedule a consultation and seek the help you need.
The Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) is a federal statute that allows private individuals, including veterans and qualifying dependents, to sue the United States government for damages due to the negligent or wrongful acts of federal employees.
In the context of military medical malpractice, the FTCA helps these individuals by providing a legal avenue to seek compensation for harm or injury caused by the negligence of military or VA medical personnel working at military facilities.
Filing a Lawsuit under the FTCA
Eligibility Criteria
To file a claim under the FTCA, the following primary conditions must be met:
- You (claimant) may not be on active duty at the time of the incident
- You have been harmed by medical malpractice
- The medical malpractice must have occurred at a military medical facility by a Department of Defense (DoD) healthcare provider within the United States, a VA hospital, or a federally funded health clinic.
- The claim must be filed within two years of the incident
Filing a lawsuit under the FTCA involves a specific process that must be followed to pursue a claim against the United States government for negligence by federal employees:
- Retain a qualified federal medical malpractice attorney: It's highly recommended that you consult with an attorney experienced in FTCA cases to help you navigate the complex legal process, gather evidence, and advocate on your behalf. It is important that your claim not only be accurate and submitted to the right agency, but also includes an effective presentation, including numerous exhibits and legal annotations.
- Determine if your case falls under the FTCA: The FTCA covers specific types of claims, including medical malpractice, caused by the negligent or wrongful act of a federal employee acting within the scope of their employment. Ensure your case falls within the scope of the FTCA before proceeding.
- File an administrative claim: Before filing a lawsuit in court, you must first file an administrative claim with the appropriate federal agency responsible for the alleged negligence. It is best to use Standard Form 95 to submit your claim, which should include a description of the incident, the injuries or damages sustained, and the amount of compensation you're seeking, along with a number of attachments and enclosures to enhance your claim. (See this video for more information on filing a claim.)
- Wait for a response: The federal agency has six months to review your claim and respond. They may accept your claim and offer a settlement, negotiate a different settlement amount, or deny your claim.
- Decide whether to accept a settlement or file a lawsuit: If the federal agency offers a settlement, you can accept it or proceed with a lawsuit. If your claim is denied, or if the agency does not respond within six months, you can file a lawsuit in federal court.
- File a lawsuit in federal court: If you choose to pursue a lawsuit, it must be filed in the U.S. District Court where the negligent act occurred — or in some circumstances, where you reside. The lawsuit must be filed within six months of the date the federal agency mailed the notice of their final decision denying your claim.
- Prepare for trial: If your case goes to trial, your attorney will present your case before a federal judge, providing evidence and expert testimony to prove the government's negligence and to maximize your compensation.
