What Happens After You File a SF-95 for Military Malpractice? – For the Military – Khawam Ripka LLP
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What Happens After You File a SF-95 for Military Malpractice?
What Happens After You File a SF-95 for Military Malpractice?

Introduction

Filing a Standard Form 95 (SF-95) is a key step in pursuing a military medical malpractice claim. This form is used to submit an administrative claim for damages resulting from injuries caused by the negligence of military healthcare providers. However, the process does not end once the SF-95 is filed. Understanding what happens next is crucial to ensure your claim is properly handled and your rights are protected.

At Khawam Ripka LLP, we specialize in military medical malpractice cases, and we are committed to helping service members and their families navigate the often complex process that follows the submission of a SF-95 form.

In this blog, we’ll break down the key steps that follow the filing of a SF-95 and what you can expect as your case progresses.

What Is SF-95?

The SF-95 is a standard form used to file an administrative claim under the Federal Tort Claims Act (FTCA). This form is used when a service member, their family, or another claimant seeks compensation for damages resulting from the negligence or wrongful act of a military healthcare provider.

The SF-95 must be submitted to the appropriate branch of the military where the incident occurred, and it must be filed within two years from the date the injury occurred or was discovered. The form includes details about the injury, the circumstances, and the compensation being sought.

What Happens After You Submit the SF-95?

Once you’ve submitted your SF-95, the following steps typically take place:

1. Claim Acknowledgment and Review

After your claim is submitted, the military branch responsible for handling your case will acknowledge receipt of the SF-95 form. This acknowledgment usually comes within a few weeks of filing. The military then begins its review process, which includes:

  • Verifying the Claim: The military reviews the SF-95 to ensure that it includes all necessary information, including medical records and a description of the injury.

  • Determining Liability: Military officials will assess whether the healthcare provider’s actions or negligence were the direct cause of the injury.

During this phase, the military will gather additional information from military medical records and other relevant sources to build a complete picture of the case.

2. Investigation and Medical Review

The next step involves a thorough investigation of the claim. This phase is crucial, as it allows the military to determine whether the medical care provided fell below the standard of care and resulted in harm to the claimant. Key components of the investigation include:

  • Medical Record Review: Military healthcare providers will review the claimant’s medical records and those of the healthcare provider in question.

  • Expert Testimony: In some cases, medical experts may be consulted to assess whether the actions of the healthcare provider deviated from the acceptable medical standard.

  • Witness Statements: Military personnel, including medical staff, may be interviewed to clarify details of the treatment and the events leading to the injury.

This step can take several months, depending on the complexity of the case and the volume of information to be reviewed.

3. Settlement Negotiation or Denial

Once the investigation is complete, the military may propose a settlement or deny the claim.

  • Settlement: If the military determines that the claim is valid and there is evidence of negligence or malpractice, they may offer a settlement. The settlement may include compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury.

  • Denial: If the claim is denied, the claimant will receive a formal denial notice explaining the reasons for rejection. This decision may be based on the lack of evidence of negligence or the application of sovereign immunity under the Feres Doctrine, which limits claims by active-duty service members.

4. Filing an Appeal or Lawsuit

If the claim is denied or if a satisfactory settlement is not offered, the claimant has several options:

  • Appeal: The claimant can request a reconsideration or appeal the denial of the claim. This may involve presenting additional evidence or requesting a review by a higher authority.

  • Lawsuit: If the claim is denied or an acceptable settlement cannot be reached, the claimant may file a lawsuit in federal court. This step is often pursued if the case falls under FTCA but cannot be resolved through the administrative claims process.

In most cases, lawsuits will involve legal action in federal court, as the military is immune from state-level lawsuits due to its sovereign immunity.

Why It’s Important to Have Legal Representation

The process of filing a military medical malpractice claim can be overwhelming, and navigating the SF-95 process can be complicated. Working with an experienced military malpractice attorney is essential to ensure that your claim is properly filed, your rights are protected, and your best interests are represented.

At Khawam Ripka LLP, we specialize in military malpractice cases, and we can help you through every stage of the process. From filing the SF-95 to negotiating a settlement or pursuing legal action, our team is committed to helping you achieve a favorable outcome.

Why Choose Khawam Ripka LLP?

At Khawam Ripka LLP, we have extensive experience handling military medical malpractice claims. Our attorneys understand the unique challenges of working within the military legal framework and the importance of gathering strong evidence to support your claim.

We offer:

  • Personalized attention to your case and clear guidance on the SF-95 filing process

  • Expert legal representation in appeals, settlements, and federal lawsuits

  • A track record of success in military medical malpractice cases

If you’ve been injured due to negligence in a military medical facility, you don’t have to face the complex claims process alone. Contact Khawam Ripka LLP today for a free consultation.

Contact Khawam Ripka LLP Today

If you’ve filed an SF-95 for military medical malpractice, you don’t have to wait in uncertainty. Let Khawam Ripka LLP guide you through the next steps. We’ll help you understand your legal options and take the necessary action to secure the justice you deserve.

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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.

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