Medical Malpractice

Personal Injury or Death Caused by Military Medical Malpractice

Under the Federal Tort Claims Act (FTCA), retired service members and military dependents who have been injured by medical malpractice or negligence at a military treatment facility (MTF) can file claims against the federal government. Complainants must file a Notice of Claim within two years of the date when they first knew of the injury.

It is important to note that active duty military members cannot sue the military for medical malpractice that occurred when they were on active duty. Even if you eventually leave active duty you are barred from suing for what happened to you while you were on active duty. In addition, your family cannot sue because of what happened to you, regardless of how it may have affected them.

Military family members and retirees can, however, sue for medical malpractice for actions taken against them. If you or a loved one were injured by the malpractice of a military or Veteran’s Administration doctor, call me for a free consultation.

Steps in Filing a Government Claim

The steps for filing claims against the government depend on the circumstances. Contact me first, so we can get you pointed in the right direction.

  • Obtaining records. For cases involving injury or death, it is important to obtain records independently rather than rely on documents from a military treatment facility (MTF). An independent request by your attorney can enable you to acquire critical notes and informal documents that the MTF may have withheld from you. \
  • Evaluating claims. Once I have obtained all the records I will evaluate them, or enlist the help of qualified experts to evaluate them on your behalf. In medical injury and other personal injury situations, it will be determined whether there was a breach in the standard of care, and if that breach could have caused your injury.
  • Investigating claims. If your case has merit, I will personally investigate the facts to make sure your case is handled with the required care and attention. I will collect evidence to support your claim, including statements from witnesses, detailed examinations of medical records and/or other pertinent documents relating to your injury. I will speak to medical personnel to assist me in investigating your case.
  • Making your case. I will then put together a complete packet to submit to the appropriate agency to seek damages on your behalf. I will include medical records, witness statements and photographs with a thorough account of your case. This will frequently lead the government to settle a case and avoid the costs of litigation.
  • Resolution. The final step in any case is the resolution. Depending on the type of claim and the jurisdiction under which it applies, you may have the right to either file a lawsuit in a federal court or seek a remedy through an appeal. For instance, a military medical malpractice claim can be litigated in federal court;
  • Overseas Claims. If you were injured as a result of the medical malpractice of a military attorney overseas, the rules are different. Call me for a consultation.

There are strict time requirements for filing a medical malpractice claim against the military or the Veteran’s Administration. If you believe you have been injured as a result of the medical malpractice of a military of V.A. doctor, call me for a free consultation.

  • CONTACT US

  • Please provide a brief summary of your situation. If you are inquiring about an upgrade to your discharge please include what service you were in, what type of discharge you received and the date of your discharge, along with the circumstances surrounding your discharge. Thank you.

  • Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

William E. Cassara- Military Law Attorney

Recent Accomplishments

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Court of Appeals for the Armed Forces Limits the Use of Prior Statements at Trial

By William Cassara | July 14, 2020

Military rules of evidence generally do not allow hearsay statements to be admitted at trial. Hearsay statements are statements made outside of court that are offered as proof of the substance of that statement. There are several exceptions to the hearsay rule, such as statements included in regular business records. […]

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Navy-Marine Corps Court of Criminal Appeals Finds That Government Did Not Prove Sexual Assault Offenses Beyond a Reasonable Doubt

By William Cassara | June 25, 2020

In 2018, the Marine Corps tried Cpl Lewis on several sexual assault charges. The panel convicted him of attempted sexual assault, abusive sexual contact, and sexual assault. The Government charged that these offenses occurred when the alleged victim, Cpl Alpha, was incapable of consenting due to impairment by alcohol. The […]

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Article 15

Army Court of Criminal Appeals Affirms Trial Judge’s Decision Excluding Hearsay Statements Made By Alleged Victim and Son

By William Cassara | June 15, 2020

The Army Court of Criminal Appeals (ACCA) recently decided the case of United States v. Henry. The case concerns the Government’s appeal of a military judge’s decision not to allow certain statements made by the alleged victim and her son at trial. Hearsay Rules of evidence generally do not allow […]

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