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.
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.
You can look at our national reach page to see our success in states across the United States. You can also see our full results on our case results page. Here are some of the cases that we have won against the Army, Navy, Air Force, VA, and Postal Service:
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…