Military Medical malpractice

MEDICAL MALPRACTICE IN THE MILITARY’S HEALTH CARE SYSTEM (FEDERAL TORT CLAIMS ACT)

Under the provisions of the Federal Tort Claims Act (28 U.S.C. section 2674) military dependents and retired military personnel have the right to submit a claim against the Federal Government if they are injured as a result of negligent health care provided by Federal Government employees at military medical facilities. Regrettably, active duty personnel are not entitled to bring a claim against the Government if they are injured by negligent health care under the restraints imposed by what is commonly known as the Feres Doctrine.

The Federal Tort Claims Act sets forth certain procedural rules that must be fully complied with in order to successfully maintain a claim against the Government. In addition, the laws of the state where the negligent health care occurred may also have a significant bearing on the claim.

WHAT IS NEGLIGENT HEALTH CARE?

In the world of modern day medicine, tragic results are sometimes unavoidable. Even the best medical care might not be enough to save a loved one or to avoid an unfortunate result. It is when the health care falls below the standard of care in the medical community that negligence occurs – something that regrettably occurs all to often, resulting in the death and disabling injuries of many men, women and children. If you or a loved one is tragically injured as a result of substandard health care at military facilities, we can help in your efforts to be properly compensated for the injuries.

HOW THE CLAIM FOR INJURIES IS PROCESSED

Prior to the filing of formal legal action against the Government, the claimant must first file an administrative Notice of Claim with the agency that is responsible for the negligent conduct. This Notice of Claim must be filed within two (2) years from the date the injured person first knew of, or reasonably should have known of the negligent act. The Notice of Claim must specify the substance of the claim and set forth a demand for a “sum certain.” Once the claim is filed with the agency involved, the agency has a period of six (6) months to investigate the claim and attempt to settle the claim. It is rare however that the agency will be able to complete its investigation of the claim within the six month period of time. If the claim is not settled within the six month period, or within six months after the claim is denied, the claimant may at that point file a law suit against the United States in Federal District Court. If the negligent act occurred outside of the United States, the claimant has no recourse after denial of the claim by the agency – there is no right to file in Federal District Court.

HOW OUR OFFICE CAN ASSIST YOU IN YOUR CLAIM

We will conduct a prompt, honest evaluation of your claim. If we are of the opinion that your claim has merit, we will compile the necessary data and file the administrative Notice of Claim. We will aggressively attempt to negotiate a settlement of your claim, however, if we are unable to obtain for you what we consider to be fair and adequate compensation for your injuries, we will initiate formal legal action against the United States Government and provide effective representation before the Federal District Court. We are compensated for our services if, and only if, we are able to secure a recovery for you – our fee in that event will only be 20% of the total recovery obtained prior to the filing of a legal action in Federal District Court, and only 25% if it is necessary for us to proceed to the Federal Court.