Army, Navy and Air Force Hospital Medical Malpractice
When a service member joins the military, he or she does so with the knowledge that—at some point during their duties—they may be required to risk their lives and health on the battlefield. Service members deserve quality medical care at the hundreds of hospitals and military medical treatment facilities (MTFs) worldwide. Unfortunately, some service members and their dependents suffer injuries or die needlessly due to negligent care by military providers.
When one of the military branch clinics or hospitals commit medical malpractice, the injured party has the right to seek damages under the Federal Tort Claims Act (FTCA). Sadly, this is not an uncommon occurrence.
Our military malpractice lawyers handle many cases each year involving catastrophic injuries suffered by medical negligence at military hospitals on Army, Navy, and Air Force bases. We have represented service men and women across the United States and their families in a variety of cases. These include brain and spinal injury, wrongful death, failure to diagnose, surgical errors, and birth injuries.
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. 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 failure to treat infections.
How Do I Sue the Military?
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.
- 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. If you believe you are a victim of military medical malpractice, call us now—if you wait too long, it may be too late.
Military Hospital Facilities
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. Our federal malpractice attorneys have decades of experience fighting for victims of medical malpractice at military hospitals across the nation. Reach out to us for a free consultation and we will help you determine if you have a case.
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.
Naval Hospitals & Medical Centers
Here are some of the facilities against which we have brought successful Navy medical malpractice cases and have secured settlements or judgments for our clients:
- Camp Pendleton Naval Hospital, Camp Pendleton, California
- Lemoore Naval Hospital, Lemoore, CA
- Memphis, Tennessee Navy Clinics
- Pensacola Naval Hospital, Pensacola, Florida (in resource sharing agreement with Fort Walton Beach Hospital)
- Naval Medical Center Portsmouth, Portsmouth, Virginia
- Naval Medical Center San Diego, Bob Wilson Naval Hospital (“Balboa Hospital”), San Diego, California
If you are suffering due to the effects of Navy medical malpractice, we can help you file an FTCA claim. Contact us today for a complimentary telephone consultation.
Air Force Medical Centers
We were able to bring Air Force medical malpractice claims against the following facilities and successfully secure settlements or judgments for our clients:
- David Grant US Air Force Medical Center, Travis Air Force Base, California
- Lackland Air Force Base, Wilford Hall Medical Center and Ambulatory Surgical Center, Lackland AFB, Texas (serving the San Antonio area)
- Malcolm Grow USAF Medical Center, (79th Medical Wing) Andrews Air Force Base, Joint Base Andrews, Maryland.
- McConnell Air Force Base, Wichita, Kansas
- Patrick Air Force Base, Florida
- Seymour Johnson Air Force Medical Center, Goldsboro, North Carolina
- Wilford Hall Medical Center, San Antonio, Texas
If your life has been changed by Air Force medical malpractice, our federal malpractice attorneys can help with your FTCA claim. Contact us for more information.
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.
You can look at our case results to see our success in states across the United States. Our military medical malpractice lawyers have significant experience in bringing successful cases against the Air Force, Army, Navy, and the VA and our firm has won recoveries for clients all over the United States, from Washington state to New Hampshire, from Florida to California.
Here are just a few examples of the cases our federal malpractice attorneys have won against the Army, Navy, Air Force and Veteran’s Administration:
Our team at National Trial Law secured an $8 Million settlement on behalf of a military family. We achieved this result in an Army hospital birth injury case.
Our clients received negligent and substandard care during labor and delivery at Darnall Army Medical Center in Fort Hood, Texas, which resulted in their baby’s severe life-long injuries.
Army Medical Malpractice Cancer $701,790 received by clients $250,000 attorneys’ fees $48,209 litigation expenses Owen v. United States Darnall Army Community Hospital Our client underwent surgery at the U.S. Army MEDDAC in Nuremberg, Germany. Following surgery, our client transferred her care to DACH. Despite pathology results that revealed cancer, Ft.
Veterans Affairs Medical Malpractice Spinal Injury $1,133,963 received by clients with lifetime benefits $390,000 attorneys’ fees $36,037 litigation expenses J. White v. United States Audie Murphy Veterans Hospital Our client went into the VA in San Antonio, Texas for a spinal surgery. During the surgery, the surgeon negligently bruised the…
Air Force Medical Malpractice Brain Injury $1,067,624 received by clients $418,248 attorneys’ fees $227,001 litigation expenses Hogans v. United States Madigan Army Medical Center Army providers at the Lewis-McChord Army Base in Tacoma, Washington, as well as Army doctors at Winn Army Community Hospital in Ft. Stewart, Georgia failed to…
Veterans Affairs Medical Malpractice Hip Injury $1,315,992 received by clients $450,000 attorneys fees $34,007 litigation expenses Hedgpeth v. United States Portland VA Hospital Our client was an Army veteran who was negligently treated by VA doctors at the Portland VA Medical Center in Portland, Oregon. The VA doctors negligently operated…
Veterans Affairs Medical Malpractice Brain Injury $1,432,118 received by clients with lifetime benefits $500,000 attorneys’ fees $67,227 litigation expenses Richardson v. United States Audie Murphy VA Hospital Our client was on the telemetry floor of the hospital. He went to the bathroom, pushed the nurse call button, and coded. Providers…
Navy Surgical Medical Malpractice $1,433,5000 received by clients $500,000 attorneys’ fees $66,500 litigation expenses Shurtz v. United States Pensacola Naval Hospital, Florida Our client was a Navy veteran who was negligently treated by Navy doctors and providers in Pensacola, Florida. The Navy providers negligently performed a gall bladder removal surgery…
Army Medical Malpractice Misdiagnosis $1,492,813 received by clients $537,500 attorneys’ fees $119,687 litigation expenses Cloer v United States Blanchfield Army Community Hospital Ft. Campbell, Tennessee providers failed to diagnose colorectal cancer leading to death. During the course of this case, we discovered a simple test would have discovered the cancer…
Army Medical Malpractice Shoulder Dystocia $2,100,000 post-trial settlement $1,597,500 received by clients with lifetime benefits $532,500 attorneys’ fees $63,100 litigation expenses Jackson v. United States Darnall Army Community Hospital Army Providers in Killeen, Texas at Fort Hood mismanaged a shoulder dystocia during labor and delivery causing permanent brachial plexus injury…
Navy Medical Malpractice Birth Injury $1,623,930 received by clients with lifetime benefits $575,000 attorneys’ fees $101,070 litigation expenses Holweger v. United States Portsmouth Naval Medical Center Portsmouth, Virginia Naval healthcare providers failed to properly monitor the baby’s fetal monitor strip, which caused hypoxic-ischemic encephalopathy and a permanent brain injury.
Navy Medical Malpractice Birth Injury $2,216,740.36 received by clients with lifetime benefits $560,000.00 attorneys’ fees $23,259.64 litigation expenses Calcagno v. United States Naval Medical Center Portsmouth (NMCP) Misdiagnosis of a marginal ulcer leading to fetal distress. Mother required emergency laparotomy with cesarean section, and baby had significant developmental and neurological…