Military Medical Malpractice Cases
There are several military hospitals throughout the United States created and operated by the Armed Forces to take care of their personnel and dependents. They play a crucial component in national security because military hospitals are there to care for our fighting men and women.
But what happens if they fail? What if instead of improving, you end up in a worse condition due to negligence on their part? That is a possible scenario, no matter what hospital you go to.
Can you Sue the Military for Medical Malpractice?
While active duty servicemembers can’t “sue” a military doctor or hospital for medical malpractice if you’re an active duty service member – you can still seek compensation via important changes in the law.
Active duty service members can pursue an administrative claim under the Richard Stayskal Military Medical Accountability Act of 2019 (MMAA) if they satisfy the requirements. This is distinct from suing a military doctor or a military hospital under the Federal Tort Claims Act (FTCA), which active duty service members cannot do, but veterans and dependents can. Be aware that different rules apply if you are a veteran or a dependent of a veteran. If you are an active duty service member who has suffered from medical malpractice, we can help you pursue filing a claim through the MMAA.
Medical malpractice occurs when a health care professional fails to provide a standard level of care. Negligence is a common issue in this scenario.
Today, military hospitals provide health care services to millions of Americans. That includes armed forces personnel and their families.
If you need assistance from an experienced military medical malpractice attorney, The Doctor Lawyer Team is ready to serve you. Contact us today and schedule a consultation.
Examples of Military Medical Malpractice
If you are an active duty military member or have a family member serving in the military, you should have high expectations for your medical care. Unfortunately, malpractice can occur in military hospitals.
Some common situations where malpractice takes place 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
The Feres Doctrine: A Key Hurdle for Active Military Service Members
The Feres Doctrine is a legal precedent established by the 1950 Supreme Court case Feres v. United States, which prevents active duty military personnel from suing the federal government for injuries that are "incident to service." This includes medical malpractice cases.
The Feres Doctrine was created to protect the government from liability for actions taken during military operations. It was based on the idea that military service members should not be able to sue the government for injuries sustained during service since they have access to comprehensive compensation and medical care through the military's own benefits system.
National Defense Authorization Act and the Richard Stayskal Medical Accountability Act
In December 2019, the National Defense Authorization Act was passed and included a provision known as the Richard Stayskal Medical Accountability Act. This provision provides a significant change regarding medical malpractice claims for active-duty military personnel.
The Richard Stayskal Military Medical Accountability Act named after Richard Stayskal, a Purple Heart Army Green Beret, who suffered due to medical malpractice, amends the Feres Doctrine by creating an administrative procedure for active duty service members to file a claim requesting compensation from the Secretary of Defense for medical malpractice that occurs at military medical facilities.
However, it is important to note that this provision still does not allow active duty service members to “sue” the federal government in federal court directly and does not apply to care provided at a medical treatment location deployed in an area of armed combat.
Filing a Claim under the Military Medical Accountability Act (MMAA)
To file a claim under the MMAA, the following conditions must be met:
- You (claimant) must be an active duty service member
- 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
- The claim must be filed within two years of the incident
Are you an active duty service member who needs help filing a claim under the MMAA for medical malpractice in a military hospital? Book a consultation with The Doctor Lawyer Team today.
