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.