Military Medical Malpractice: Understanding the Pre-litigation Requirements – For the Military – Khawam Ripka LLP
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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!

Military Medical Malpractice: Understanding the Pre-litigation Requirements
Military Medical Malpractice: Understanding the Pre-litigation Requirements

Introduction

When a service member suffers harm due to medical negligence in a military healthcare facility, understanding the pre-litigation requirements is essential before pursuing a military medical malpractice claim. Unlike civilian malpractice cases, military claims involve a unique process under the Federal Tort Claims Act (FTCA) and other related statutes. These rules dictate how a claim must be handled before it can proceed to litigation.

In this blog, we will explain the key pre-litigation requirements involved in military medical malpractice cases and provide guidance on how to navigate these crucial steps. At Khawam Ripka LLP, we are dedicated to helping military members and their families understand their rights and fight for the compensation they deserve.

What Are Pre-Litigation Requirements?

Pre-litigation requirements are the steps that must be completed before a military medical malpractice case can proceed to formal legal action, such as filing a lawsuit in federal court. These requirements are specific to military medical claims due to the unique legal framework that governs these cases, including the FTCA, Military Claims Act (MCA), and other regulations.

Key Pre-Litigation Steps for Military Medical Malpractice Cases

The following steps are essential in preparing for litigation in military medical malpractice claims:

1. Filing an Administrative Claim (SF-95)

Before you can file a lawsuit for military medical malpractice, you must submit an administrative claim. This is typically done by completing Standard Form 95 (SF-95), which is the official form used for claims under the FTCA.

  • Time Frame: You must file the SF-95 within two years of the incident or when you discover the injury. Failure to file within this timeframe may result in your claim being barred.

  • Claim Information: The SF-95 requires detailed information, including a description of the injury, the names of the involved parties, and the amount of compensation you are seeking. You will also need to provide supporting evidence such as medical records, expert opinions, and witness statements.

Once the claim is filed, the military branch will review it to determine whether it can be resolved through settlement or requires further investigation.

2. Military Claims Review Process

After submitting the SF-95, the military will conduct a claims review process to determine the validity of your claim. This review involves:

  • Investigating the Incident: Military officials will gather evidence to assess whether negligence or wrongful conduct led to the injury. This may include reviewing medical records, interviewing witnesses, and obtaining expert opinions from medical professionals.

  • Legal Review: A legal team will analyze whether the claim falls under the jurisdiction of the FTCA or other applicable military statutes.

  • Settlement or Denial: The military may offer a settlement if they find evidence of negligence. If the claim is denied, you will receive a written explanation of the reasons for the denial.

3. Negotiation and Settlement Attempts

If the military accepts the claim, they may attempt to settle the case without going to court. The settlement process may involve negotiating a compensation amount for medical expenses, lost wages, pain and suffering, and other damages.

  • Settlement Offers: In some cases, the military may offer a settlement agreement, which can be an efficient way to resolve the case without the need for litigation. However, settlements may not always reflect the full value of the claim, so it’s essential to carefully consider any offers.

  • Settlement Terms: If you accept a settlement, you will likely be required to sign a waiver releasing the military from any future liability related to the incident.

4. Denial or Failure to Resolve

If the military denies your claim or if settlement negotiations fail, you will have the option to file a lawsuit in federal court. However, this step is only available after the administrative process has been completed.

  • Denial of the Claim: If your claim is denied, you may request reconsideration, or you can take legal action through the federal court system.

  • Legal Action: Filing a lawsuit in federal court involves formal litigation, and you may be required to prove the case before a judge or jury. At this stage, the discovery process will allow both parties to gather evidence, take depositions, and prepare for trial.

5. Special Considerations for Active Duty Service Members

Active-duty military members are subject to certain restrictions under the Feres Doctrine, which prevents them from suing the federal government for injuries that are “incident to service.” While this doctrine typically applies to injuries sustained in the course of military duty, recent reforms have created new avenues for service members to pursue medical malpractice claims under limited conditions.

  • Limited Options for Active Duty: Active-duty personnel may be restricted from filing a lawsuit for injuries related to military service, but they can still pursue administrative claims through the Department of Defense (DoD).

Why Is Legal Representation Important?

Navigating the pre-litigation process in military medical malpractice cases can be complex, and even a small mistake in the filing process can result in the rejection of your claim. Having an experienced attorney can make a significant difference in ensuring that your case is handled correctly from start to finish.

An attorney specializing in military malpractice can help you:

  • Ensure proper filing of the SF-95 and all supporting documentation

  • Assess the strength of your claim and identify potential weaknesses

  • Negotiate settlements with the military to secure fair compensation

  • Represent you in federal court if your case requires litigation

At Khawam Ripka LLP, we have the expertise and experience to guide you through the pre-litigation requirements and help you take the necessary steps to hold the responsible parties accountable.

Why Choose Khawam Ripka LLP?

At Khawam Ripka LLP, we focus exclusively on representing service members and their families in military medical malpractice claims. Our team understands the unique challenges of these cases, including the FTCA, Feres Doctrine, and military-specific requirements. We are dedicated to helping you pursue justice for medical negligence that occurred in military healthcare facilities.

Our attorneys offer:

  • In-depth knowledge of military malpractice laws

  • Personalized guidance throughout the pre-litigation and litigation process

  • Proven track record of success in securing compensation for service members

If you’ve been injured due to military medical malpractice, don’t wait to take action. Contact Khawam Ripka LLP today for a free consultation.

Contact Khawam Ripka LLP Today

If you’re considering pursuing a military medical malpractice claim, it’s important to understand the pre-litigation requirements and take the appropriate steps. Khawam Ripka LLP is here to help guide you through the process. Reach out to us today for a confidential consultation.

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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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