How to File a Military Medical Malpractice Claim in International Locations – 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!

How to File a Military Medical Malpractice Claim in International Locations

Military medical malpractice claims present unique challenges, particularly when they occur in international locations. While the U.S. legal system offers protections for service members and their families, pursuing a claim outside U.S. borders requires specific considerations. This guide explores the steps to take when filing a military medical malpractice claim internationally, shedding light on the procedures and common hurdles involved.

Understanding Military Medical Malpractice Abroad

Military personnel and their families stationed abroad rely on military healthcare facilities for medical services. In most cases, these facilities are staffed by military personnel, contractors, and local providers who adhere to strict medical standards. However, medical errors can still occur, leading to malpractice claims.

Military medical malpractice is defined as any act or omission by a healthcare provider that deviates from accepted standards of care, resulting in harm to the patient. Typical cases involve misdiagnoses, surgical errors, prescription mistakes, and inadequate treatment, among others.

Steps to File a Military Medical Malpractice Claim Abroad

Filing a claim for military medical malpractice in an international setting can be complex, but with the right approach and understanding of the process, it becomes more manageable. Below are the essential steps to take:

  1. Gather Evidence of Malpractice
    • The first step in any medical malpractice claim is to gather evidence. This includes obtaining medical records, diagnostic reports, prescriptions, and any relevant documentation of the treatment received.
    • Take note of the timeline of events, including symptoms, doctor visits, treatments administered, and any adverse effects experienced.
    • It’s essential to have documentation of any misdiagnoses or negligence that occurred, as these will form the foundation of your claim.
  2. Consult with a Military Medical Malpractice Attorney
    • Military medical malpractice claims require specific legal expertise, especially when dealing with international cases. A lawyer specializing in military medical malpractice can provide valuable insights into the intricacies of your claim.
    • Look for an attorney with experience in handling cases involving international military medical malpractice. This expertise can be crucial in navigating the complexities of military law and jurisdictional issues.
    • A qualified attorney will also help determine if the case falls under the Federal Tort Claims Act (FTCA) or the Military Claims Act (MCA), which can significantly impact your claim process.
  3. Determine the Applicable Law and Jurisdiction
    • Filing a military medical malpractice claim internationally involves understanding which laws apply to your case. The FTCA allows service members to pursue claims against the U.S. government, while the MCA addresses claims involving injuries caused by federal employees, including military healthcare providers.
    • In international cases, however, the Status of Forces Agreement (SOFA) with the host country can affect jurisdiction and how the claim proceeds. SOFA agreements govern the presence and activities of U.S. military personnel abroad and may dictate whether claims can be filed in U.S. or local courts.
    • Your attorney will assess how SOFA agreements impact your case and determine the best course of action based on these international laws.
  4. File a Notice of Claim with the Appropriate Military Branch
    • Once you have gathered the necessary documentation and determined the appropriate jurisdiction, the next step is to file a Notice of Claim with the respective military branch involved.
    • The Notice of Claim should outline the basis of your malpractice claim, including details of the alleged negligence, the damages suffered, and any supporting evidence.
    • It is essential to adhere to strict deadlines when filing a claim, as the statute of limitations can vary depending on the country and specific circumstances. Generally, claims must be filed within two years of the alleged malpractice. However, consulting your attorney is crucial for understanding specific time limits.
  5. Await Response and Review Investigation Findings
    • Once you submit your Notice of Claim, the military branch will conduct an investigation into the alleged malpractice. This process typically involves reviewing medical records, interviewing healthcare providers, and consulting medical experts.
    • Be prepared for a lengthy investigation process, especially in international cases, where cross-border communications and logistics can contribute to delays. During this time, your attorney may also gather additional evidence and consult with experts to strengthen your case.
  6. Negotiate a Settlement or Proceed to Litigation
    • After the investigation, the military may offer a settlement based on their findings. Your attorney will guide you through the negotiation process to ensure you receive fair compensation for your injuries.
    • If a settlement cannot be reached, you may need to proceed to litigation. In some cases, this may involve filing a lawsuit in federal court, depending on the jurisdiction and specifics of your case.
    • Throughout this process, your attorney will advocate on your behalf, leveraging their expertise in military law and international medical malpractice cases to seek the best possible outcome.

Challenges Faced in International Military Medical Malpractice Claims

Filing a military medical malpractice claim abroad is not without its challenges. Some of the most common obstacles include:

  • Jurisdictional Complexities: The involvement of multiple legal jurisdictions can complicate the process, especially if the malpractice occurred in a foreign country.
  • Language Barriers: Dealing with foreign medical professionals and translating medical documents can add complexity to the claim.
  • SOFA Provisions: The terms of the Status of Forces Agreement can impact your ability to file a claim in U.S. courts and may impose additional restrictions on your legal options.

Tips for Navigating the Process Successfully

Here are some strategies to help you navigate the military medical malpractice claim process effectively:

  • Document Everything: Keep detailed records of all interactions with medical professionals, as well as any symptoms or complications that arise following treatment.
  • Understand the SOFA Agreement: Familiarize yourself with the provisions of the SOFA in your host country to understand how it impacts your claim.
  • Seek Medical Evaluations from Third Parties: Consider obtaining an independent medical evaluation to support your claim and provide an objective assessment of the care you received.

Conclusion:

Filing a military medical malpractice claim in an international location can be daunting, but it’s essential to hold negligent healthcare providers accountable. With the right legal representation and a clear understanding of the process, you can pursue justice for the harm caused by malpractice.

At Khawam Ripka LLP, we specialize in military medical malpractice cases and have extensive experience handling claims in international settings. Our team is dedicated to helping military personnel and their families navigate the complexities of international medical malpractice. If you believe you or a loved one has been a victim of military medical malpractice abroad, contact us today for a consultation. Let us advocate for your rights and help you achieve the justice and compensation 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.