Understanding the Legal Rights of Military Families in Medical Malpractice Cases – For the Military – Khawam Ripka LLP
BREAKING NEWS: You can now file a claim for sexual assault while on active duty in the military, as per the recent 9th Circuit Court decision. Call us today for your free consultation!
BREAKING NEWS: You can now file a claim for sexual assault while on active duty in the military, as per the recent 9th Circuit Court decision. Call us today for your free consultation!

Understanding the Legal Rights of Military Families in Medical Malpractice Cases

When military families seek medical care, they place immense trust in the professionals and systems designed to protect their well-being. Yet, like any healthcare system, military medical facilities are not immune to mistakes. Medical errors can lead to devastating consequences, leaving families grappling with physical, emotional, and financial burdens. For military families, the legal process surrounding medical malpractice can be complex, raising important questions about their rights and how they can pursue justice.

In this article, we’ll explore the legal rights of military families in medical malpractice cases, the challenges they face, and what steps they can take if they suspect negligence has occurred.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s negligence or omission leads to a patient’s injury or worsens their condition. This could be due to a misdiagnosis, surgical error, medication mistake, failure to obtain informed consent, or failure to provide appropriate care. Military families rely on the military healthcare system, including facilities such as hospitals, clinics, and specialized treatment centers on bases, which are expected to provide high-quality care.

If a service member or their family suffers harm due to substandard care, they may have grounds for a medical malpractice claim. However, the legal landscape surrounding these cases is nuanced, especially for military families.

The Feres Doctrine: A Barrier to Service Members’ Claims

One of the significant legal barriers that military personnel face in pursuing medical malpractice claims is the Feres Doctrine, a rule established by the U.S. Supreme Court in 1950. This doctrine bars active-duty service members from suing the federal government for injuries that arise from their service, including medical malpractice claims. The rationale behind the Feres Doctrine is to maintain military discipline and prevent an influx of litigation that could impact national defense operations.

This means that active-duty service members cannot typically file medical malpractice lawsuits, even if they suffer due to negligence in a military medical facility. The consequences can be particularly harsh for service members who are denied legal recourse after experiencing life-altering injuries or wrongful death due to medical errors.

Exceptions for Military Families

While active-duty service members are generally barred from suing for medical malpractice, military families—such as spouses and children—have more legal options. Dependents of military personnel, retirees, and other non-active-duty individuals can file claims under certain circumstances. These cases are typically handled under the Federal Tort Claims Act (FTCA) or the Military Claims Act (MCA).

Filing a Claim Under the Federal Tort Claims Act (FTCA)

The FTCA allows military families to file lawsuits against the federal government for personal injury or wrongful death caused by the negligence of federal employees, including healthcare providers at military facilities. Under this law, families can seek compensation for medical expenses, pain and suffering, lost wages, and other damages related to the malpractice.

To file a claim under the FTCA, the following steps are typically involved:

  1. Filing an Administrative Claim: Before filing a lawsuit, the claimant must file an administrative claim with the appropriate federal agency, in this case, the Department of Defense (DoD). The claim should include a detailed account of the injury, the negligence involved, and the damages sought.
  2. Agency Review: The agency has six months to review the claim and respond. During this time, the agency may offer a settlement or deny the claim. If the agency fails to respond within six months, the claimant may then file a lawsuit in federal court.
  3. Filing a Lawsuit: If the claim is denied or an unsatisfactory settlement offer is made, the family can proceed with filing a lawsuit in federal court. It’s important to note that the lawsuit must be filed within six months of the agency’s decision.

One key limitation under the FTCA is that claims must adhere to the Statute of Limitations, which generally requires filing within two years of the injury or its discovery. Therefore, it’s crucial for military families to act promptly if they suspect medical malpractice.

Filing a Claim Under the Military Claims Act (MCA)

The Military Claims Act is another option for military families who seek compensation for medical malpractice. Unlike the FTCA, claims under the MCA cannot proceed to a lawsuit in federal court. Instead, they are resolved through an administrative process within the military.

While the MCA limits the legal recourse available to families, it still allows for compensation for negligence resulting in injury or death at a military facility. The compensation process under the MCA is typically handled more quickly, and the damages awarded may be capped at certain levels.

Recent Changes: The National Defense Authorization Act (NDAA)

In recent years, there has been a significant shift in the legal landscape for military families seeking justice for medical malpractice. In 2019, the National Defense Authorization Act (NDAA) introduced a provision that allows active-duty service members to file claims for medical malpractice under specific conditions.

While the Feres Doctrine remains in place, the NDAA provision enables service members to seek compensation for injuries caused by military medical personnel’s negligence. Claims filed under this provision are still handled through the administrative process rather than litigation in federal court. The new system provides a glimmer of hope for service members who previously had no legal recourse.

Challenges Faced by Military Families in Medical Malpractice Cases

Despite the avenues for pursuing medical malpractice claims, military families still face several challenges when navigating the legal system. Some of these challenges include:

  • Complex Jurisdictional Issues: Military medical facilities often operate under different legal standards than civilian hospitals. Understanding which laws apply and how to file claims can be daunting.
  • Limited Access to Evidence: Gathering evidence to prove negligence, such as medical records and expert testimony, can be more difficult in the military context, as access to certain information may be restricted.
  • Statute of Limitations: Strict deadlines for filing claims can put additional pressure on families already dealing with the emotional and financial toll of a medical injury.

Conclusion

Military families have legal rights when it comes to medical malpractice, but the path to justice can be filled with challenges. Understanding the options available under laws like the FTCA, MCA, and recent NDAA provisions is essential to navigating these cases successfully. Whether you’re a spouse, child, or dependent of a service member, it’s critical to act quickly, gather the necessary evidence, and seek legal counsel to ensure your family’s rights are protected.

If you or a loved one has been affected by medical malpractice at a military facility, you deserve experienced legal representation. At forthemilitary.com, we are committed to helping military families pursue justice and fair compensation. Contact us on forthemilitary.com today for a consultation, and let us help you navigate this complex legal process to get the resolution you deserve.

Follow Us

Linkedin Facebook-f Instagram Twitter

More Post

Here at Khawam Ripka, we are passionate about helping heroes in the military get the attention and financial compensation they, and their families, deserve.

If you or someone you love has been a victim of military medical malpractice, we would be honored to represent them and their family in their claim.

CONTACT US

Watch how Attorney Natalie Khawam fought for a decorated Green Beret
Play Video

Free Case Review

Share your experience and we will call you
If you were Active-duty within the last 2 years, we can help.

Privacy Policy and Terms & Conditions

Your privacy is important to Khawam Ripka, LLP and its affiliated companies (hereinafter collectively referred to as “we,” “us,” “our” or “Khawam Ripka, LLP”). Because your privacy is our concern, we have developed this Privacy Policy to inform you about Khawam Ripka, LLP’s privacy practices. This Privacy Policy covers how we collect, use, disclose, transfer, and store your information. The examples in this Privacy Policy are illustrative only and are not intended to be exhaustive.

INFORMATION COLLECTED

We use the term “Personal Information” to mean any information that could reasonably be used to identify you, including your name, address, telephone number(s), driver’s license number, occupation, date of birth, social security number, personal or business tax identification numbers, legal information (such as judgment, liens, bankruptcies, etc.), credit history, and medical information (such as your health status and treatment history). The information we obtain depends on the context of your interactions with us. We may obtain such information directly from you on our website (the “Site”) or by telephone, and/or from applications, contracts, documents and forms you complete or sign. We may obtain additional information about you or, with your authorization, about others who may have an interest in your insurance or annuity policy, from your insurance or annuity company, insurance producer, health care providers, creditors, credit reporting agencies, and from your representatives or advisors. We may also obtain information about you from public records and, with your authorization, from other persons.

We use the term “Anonymous Information” to mean any information that does not identify you, and may include, for example, aggregated demographic information and statistical information concerning how you and other visitors use our website (the “Site”).

USE OF PERSONAL INFORMATION

We use the Personal Information you provide for purposes of the transactions or information that you request. As permitted by law, or as authorized by you, we may share your Personal Information with affiliated and non-affiliated companies that provide services related to information or transactions you request, under the following additional circumstances: (i) for us to establish or exercise our legal rights or to defend against legal claims; (ii) in connection with a proposed or actual sale, merger, transfer, exchange or consolidation of Khawam Ripka, LLP, an affiliated company or any portion thereof; (iii) to secure or obtain services and/or advice from our attorneys, accountants and auditors; and (iv) to permit our affiliates to contact you about products or services. We may also disclose your Personal Information to others for other purposes, with your authorization or otherwise as required or permitted by law.

Maintaining the accuracy of your information is a shared responsibility. We maintain the integrity of the information you provide us and will update your records when you notify us of a change. Please contact us at the address or phone number listed below when information concerning you changes.

USE OF ANONYMOUS INFORMATION

We may share Anonymous Information with our partners and resources.

FORMER CONTACTS OR INQUIRIES

We treat information obtained from past contacts and inquiries in the same manner we treat information that we obtain through current or future contacts or inquiries.

CONFIDENTIALITY AND SECURITY

We restrict access to your Personal Information to our employees who need this information in connection with your current or future transaction(s) or to provide you information that you may request from us. We maintain electronic, procedural, and physical safeguards to guard your nonpublic information. We take precautions to protect your information, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While the computers/servers in which we store your Personal Information are kept in a secure environment, we cannot guarantee absolute security.

UPDATES TO OUR PRIVACY POLICY

We reserve the right to change this privacy policy at any time. If our information practices change, we will post the changed policy to our website. These privacy principles do not constitute a contract, create legal rights, or supersede any preexisting agreements with clients.

“COOKIES”

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites, Khawam Ripka, LLP currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.

LINKING

Our Site may contain links to other affiliated websites. Because we do not control the content of websites linking to or from our Site, we are not responsible nor can we make representations regarding the content of those websites or their individual privacy policies. We encourage you to read the privacy policies of any website that links to or from our Site that collects personally identifiable information.