Military Medical Malpractice Attorneys

What is Military Medical Malpractice?

Medical malpractice occurs when a medical professional fails to perform their duties within the accepted standard of care, causing harm to a patient. In a medical malpractice claim, an injured patient’s attorney must show that:

• The patient and the medical provider had a relationship in which the provider agreed to give care and was responsible for performing their duties competently (known as duty of care).
• The medical provider acted negligently or carelessly and did not adhere to the accepted standard of care during diagnosis or treatment.
• The medical provider’s negligence, more likely than not, caused injury, harm, or death that would not have occurred had they adhered to the standard of care.
• The injury caused some sort of damages to the patient, such as physical pain, mental trauma, medical expenses, physical impairment, mental impairment, physical disfigurement, and/or lost potential for future income.

Military service members and their families can experience military medical malpractice due to the negligence of personnel at an MTF or a Veterans Administration (VA) hospital in the same manner as civilians.

Examples of Military Medical Practice

Negligence at the hands of military health providers can involve improper administration of medications, failure to diagnose and treat an illness, failure to provide testing, or surgical errors.

How Do I Sue the Military for Medical Malpractice?

When filing suit against the United States for injuries from medical malpractice at a military hospital, individuals must follow the strict rules of the FTCA.

The Federal Tort Claims Act governs lawsuits against the United States government, including lawsuits involving military physicians, facilities, and other healthcare providers.

To file a lawsuit under the FTCA, you must complete the following steps:

• A Form 95 must be timely presented with the correct federal agency.
• The Form 95 must be signed, state the nature of your claim, and include a total amount of damages, also called a “sum certain.”
• The Form 95 must be presented within 2 years of accrual of the claim.
• Once the Form 95 has been presented to the appropriate federal agency, then you must work with the agency investigation to resolve your claim. There are a lot of pitfalls if you do not know what you are doing.
• If you cannot successfully resolve the claim administratively, you have the option of filing suit so long as you file within the appropriate limitations period.
• Once you have presented your Form 95, you must wait at least 6 months before you can file a federal lawsuit.

Our military medical malpractice lawyers have decades of trial experience and are able to assist you in this process. Please contact us for a free evaluation of your claim. 

Should I File an Administrative Claim Myself?

It is usually better if you work with a law firm to present your administrative claim. There are many details of the law that a non-lawyer may not be aware of in presenting an administrative claim. You can lose valuable time correcting mistakes, or may use up one of the two chances that you have to present a claim administratively.

Your safest bet is to consult with a law firm experienced in handling FTCA cases and work with them to present the best administrative claim possible. Don’t delay because the more time your law firm has to review the file and prepare your claim before the statute of limitations expires, the better.

Don’t entrust your cases to the first lawyer you find. Winning a case depends on lawyers with extensive FTCA experience, and that’s what our firm brings. We know the rules, the technicalities, and the ins and outs to ensure you get the settlement you deserve.

Choosing an Attorney Experienced in FTCA Claims

It is important to consult with a lawyer experienced in FTCA cases, because the FTCA adds additional rules and requirements that must be satisfied before the government will compensate you for your claim.

With extensive experience in negligence and birth injury claims, our medical malpractice attorneys have handled FTCA cases all over the United States. In fact, our lawyers have obtained two of the highest Federal Tort Claims Act verdicts in United States history: Dickerson v. U.S. ($18.96 million received by our clients) and Lebron v. U.S. (over $15.75 million received by our clients). Both of these cases involved children who suffered serious birth injuries due to medical negligence.

If you believe you are a victim of military medical malpractice, contact us today.

Military Hospital Facilities Across the Nation

Our military malpractice lawyers have received settlements or judgments for our clients for negligence at military hospitals across the country. Some examples are shown below. If your facility is not listed below, don’t worry. This is only a sampling of the many military hospitals that can be held liable for their medical errors via the FTCA. 

Army Hospital Medical Facilities

Our lawyers have successfully secured Army medical malpractice settlements or judgments for our clients against the following medical facilities:

• Blanchfield Army Community Hospital (BACH), Fort Campbell, Kentucky (located on the state border between Kentucky and Tennessee).
• Brook Army Medical Center, BAMC, (known now as the San Antonio Military Medical Center, SAMMC), in San Antonio, Texas
• Darnall Army Community Hospital, Fort Hood, Texas (near the Killeen area)
• El Paso Beaumont Army Medical Center, El Paso, Texas
• Evans Army Community Hospital, Fort Carlson, Colorado
• Fort George Meade Kimbrough Army Hospital, Ft. George Meade, Maryland
• Fort McPherson Army Medical Center, Army Health Clinic, Atlanta, Georgia
• General Leonard Wood Army Community Hospital, Fort Leonard Wood, Missouri
• Ireland Army Community Hospital, Fort Knox, Kentucky
• Madigan Army Medical Center, Joint Base Lewis-McChord, Washington
• Tripler Army Medical Center, Honolulu, Hawaii
• Walter Reed National Military Medical Center, in Bethesda, MD serving the greater Washington, DC area
• Winn Army Community Hospital, Fort Stewart, Georgia

If you have been the victim of Army medical malpractice at one of the above health care facilities, our federal malpractice attorneys can help you navigate the complex FTCA system to seek compensation for your injuries.