How Do I Sue a Military Hospital for Medical Malpractice?

Have you been injured due to military hospital medical malpractice? Under United States tort law, federal employees are not personally liable for most torts they commit in the course of their work. Instead, you can only hold those employees responsible using a specific law called the Federal Tort Claims Act. This includes military medical malpractice claims at Army, Navy, and Air Force hospitals. In some respects, FTCA cases are quite different from ordinary tort cases. In such a case, the injured party may not file a lawsuit against the government until he or she has exhausted all administrative remedies. The injured party must first file an administrative claim with the proper agency of the United States government within a limited amount of time.

Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC, has experience in representing injured parties at the administrative claim stage and throughout trial in federal courts all over the United States.

Our attorneys have a strong record of succeeding in serious personal injury cases in which the negligent party is an agent of the government. In fact, our firm obtained two of the largest Federal Tort Claims Act verdicts in United States history: Dickerson v. U.S., a medical malpractice birth injury case in which our clients received $15.75 million, and Lebron v. U.S., another medical malpractice birth injury case in which our clients received $18.96 million.

Steps to Sue Military Hospital

If you do not know all of the steps that you must complete to bring your claim, you could lose your right to compensation against the military hospital that injured you.

Standard Form 95

Have you filed your Standard Form 95? Did you fill it out correctly? Often, we have veterans and service members or their families that call us after they have filed their own Form 95. Many times, we must file amended Form 95s to correct legal, medical, or other errors that are made. Some times, we must tell these individuals that we cannot help them due to a fatal error in filing their Form 95 that cannot be corrected under the law.

Administrative Process

Have you complied with the administrative process? We have done many of these cases across the country, so we know the procedures that are helpful in resolving these claims administratively.

Statute of Limitations

Have you complied with your statute of limitations? Sometimes we have to tell veterans and service members that we cannot help them because they did not contact us soon enough. If you have a military medical malpractice claim against an Army, Navy, or Air Force hospital, you should contact us as soon as possible because your statute of limitations runs out.

Contact Our Attorneys

It is extremely time-consuming and expensive to pursue a complex military case, but our firm can skillfully guide you through the litigation process. Contact our attorneys today to schedule a consultation.