Can Persons In The Military Sue For Medical Malpractice?
Medical professionals and organizations that serve military personnel and families are held to the same “standard of care” as those that treat private citizens. These are the medical community’s accepted and recognized standards for patient care. When injury or death is the result of a breach of these standards, military members and dependents may have a legal claim for compensation. Military medical negligence claims are not limited to the conduct of doctors, but may also apply to other medical care providers and health care facilities. However, military medical negligence is an extremely specialized and complex area of legal practice.
With our experience handling Federal Tort Claims Act (FTCA) cases specifically involving military medical malpractice, Spohrer Dodd Trial Attorneys is well-qualified to offer insight and answers that apply to your unique situation. Our Jacksonville military medical malpractice lawyers will be able to provide a clear picture of what to expect and how we may proceed with a civil lawsuit.
Liability For Military Medical Negligence
We are often asked: “Who in the military arena is eligible to sue for injuries caused by medical negligence?” Claims of this nature by military personnel and families are directed at the federal government and ruled under the FTCA. This complex act provides recourse for those injured by the action of a federal government employee or agency.
Those that are eligible to sue under these regulations include:
- Nonactive duty personnel
- Military dependents
- Military retirees
Before a lawsuit can be filed, what is known as an administrative claim, or pre-suit notice, has to be filed. The government and its representatives have up to six months to respond to the initial negligence claim. Effective representation of clients in these claims requires mastery of the rigorous federal laws and processes that govern them, as well as in-depth knowledge of medicine and military healthcare operations.
Our Jacksonville military medical negligence attorneys are well-versed in these complexities and are ready to handle the challenges of your medical negligence or military malpractice case. If a military doctor or hospital has injured you or a family member as the result of treatment, the best course of action is to contact our team, which is experienced in this complex legal specialty. We will evaluate your case and determine your eligibility for filing. With limited exceptions, there is a two-year statute of limitations imposed on claims brought against the U.S. government.
Maximum Recovery In Military Medical Malpractice Or Negligence Cases
At Spohrer Dodd Trial Attorneys, our dedication is to obtaining maximum recovery for each client we represent. One example is Burch v. The United States. A navy wife underwent an unnecessary hysterectomy at a naval hospital by doctors treating her for chronic pelvic pain, supposedly caused by endometriosis. This life-changing surgery was performed although the doctors knew her real condition was a treatable disease of the bladder. The verdict awarded to our client in this case was $2,040,000.
The FTCA limits the time within which such claims can be brought and specifies that the government must be put on notice of a potential claim before it can be filed. If you have been injured or a loved one has died following medical care at a military or veterans’ hospital or clinic, it is important that you contact a Jacksonville military medical negligence attorney so that your claim can be investigated as soon as possible, to be sure that all applicable deadlines are met.
Get Answers To All Of Your Questions At Your First Consultation
Call our Jacksonville offices today at 888-577-8705. Our military medical negligence attorneys represent clients throughout Florida and the entire country.