Military Medical Malpractice

MILITARY MEDICAL MALPRACTICE ATTORNEY

Contact us for a free consultation with an experienced attorney if you believe you or someone in your family has been seriously and permanently injured or if there has been a death caused by the medical malpractice or negligence of a military doctor at a U.S. Military Hospital or Veterans Administration Hospital.  You may have a military medical malpractice claim against the United States government.

NO FEE IF NO RECOVERY

Military dependents who have been injured by medical malpractice at an Army, Air Force, Navy, IHS,   or other military hospital, by a military doctor, in the US or overseas, or veterans treated at a Veterans Administration Hospital, may have a claim against the United States government.

We will consult with you in situations where there are serious, permanent injuries or death as a result of military medical malpractice or negligence, for example,  where there is birth injury or cerebral palsy;  misdiagnosis or failure to diagnose; surgical malpractice;  other brain injury; and/or wrongful death, which has occurred as a result of medical malpractice by a military doctor at a military hospital.

Medical malpractice can involve many different types of situations, including, for example:

  • Wrongful death
  • Birth injury, including cerebral palsy
  • Anesthesia malpractice
  • Surgical errors
  • Failure to diagnose
  • Medication and pharmacy errors
  • Emergency room errors

These cases generally fall under the Federal Tort Claims Act (U.S. Military hospitals in the U.S. and its territories) or the Military Claims Act (U.S. Military facilities overseas).  While active duty personnel are generally barred from filing such lawsuits for malpractice to them for their own injuries which occurred to them while they were active duty (under the Feres Doctrine), military dependents and veterans are generally able to pursue medical malpractice claims against the United States for their own injuries.  Active duty military personnel also may be able to bring a claim for injuries to their dependents in certain circumstances.   In addition,  there is a pending U. S. Supreme Court case which challenges the Feres Doctrine.   If the Feres Doctrine is overturned by the U. S. Supreme Court, this may permit the filing of claims for medical malpractice on active duty personnel, a sweeping change in the law.

Stateside Claims. Stateside claims fall under The Federal Tort Claims Act.  The first step is to file an administrative claim.  The United States then has six months to investigate the administrative claim.   If at the end of the six month period, the government agency has not made an acceptable settlement offer, the claimant is permitted to file a lawsuit in federal court.  Our attorneys are experienced with both FTCA administrative claims and lawsuits in federal courts.

Overseas Claims. Claims for malpractice which occur at U. S. military hospitals located overseas generally must be brought under the Military Claims Act.  The procedure is to file an administrative claim with the applicable government agency,  but there is generally no right to file a lawsuit under the Military Claims Act.   The agency conducts an investigation and makes a decision about whether or not to award damages in the form of a settlement with the claimant.  If the claimant is unhappy with the settlement offer, they may appeal to a senior official within the Department of Defense, whose decision is final.   There is generally no right to judicial review.    Our attorneys are experienced in MCA administrative claims and appeals.

Limitations Period. These cases are generally subject to a two (2) year statute of limitations, which begins to run from the date of accrual, within the meaning of the law.  The date of accrual may be same date as the date of negligent conduct, the date of injury, or some other time.   Determination of the accrual date is a complex legal analysis that can be addressed by an attorney.  Failure to file a claim with the proper government agency within the two year statute of limitations will forever bar the person from filing a claim.  The statute of limitations applies to minors as well.   In some cases the statue of limitations is extended due to military service.

Attorney’s Fees and Costs. We handle these cases on a contingent fee basis, meaning no fee if no recovery.  We do not require any up-front retainer fee.

NO UP-FRONT RETAINER FEE REQUIRED

Have you or a family member suffered a catastrophic, permanent injury, or death, because of medical malpractice at a U. S. military hospital ?  If so, you may wish to contact us for a free initial consultation with an experienced attorney, Susan M. Cremer:
1-888-301-9298
Email us: scremer@mlnlaw.com

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