How Medical Boards Handle Malpractice Claims in the Military – For the Military – Khawam Ripka LLP
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How Medical Boards Handle Malpractice Claims in the Military
How Medical Boards Handle Malpractice Claims in the Military

Introduction

When a service member experiences malpractice within a military healthcare facility, the process of seeking justice often involves navigating through various legal and administrative channels. One of the critical aspects of addressing medical negligence in the military is the role of medical boards. Medical boards are responsible for investigating and evaluating claims of malpractice within the military healthcare system. They assess the conduct of healthcare professionals, including doctors, nurses, and physical therapists, who may be responsible for negligent care.

In this blog, we will explore how medical boards handle malpractice claims in the military, what service members need to know about these boards, and how Khawam Ripka LLP can help guide you through the process of seeking justice for malpractice.

What is a Military Medical Board?

A military medical board is a formal review process conducted within the Department of Defense to assess the competency and conduct of medical professionals serving in the military. The board is tasked with investigating allegations of medical negligence or misconduct, including malpractice. This process may involve both civilian and military personnel and may include both a clinical and administrative review.

Medical boards are typically composed of experienced medical professionals, legal experts, and military officers who evaluate the evidence surrounding the claim. They determine whether a healthcare provider violated established standards of care, caused harm, or acted negligently in the course of treatment.

How Do Medical Boards Handle Malpractice Claims?

When a service member files a malpractice claim in the military, the claim often goes through several stages before reaching a medical board for review. The process can vary depending on the severity of the injury, the nature of the malpractice, and the specifics of the claim. Here is a breakdown of the general process:

1. Claim Filing and Initial Investigation

The first step in the process is filing a formal complaint or claim with the appropriate authorities. Service members typically file malpractice claims under the Federal Tort Claims Act (FTCA) or the Military Claims Act (MCA), depending on the nature of the case and whether the injury occurred while on active duty.

After the claim is filed, a preliminary investigation will often take place. This investigation will gather the necessary medical records, expert testimony, and any relevant documentation to evaluate the case. If the case involves allegations of malpractice or professional misconduct, it may be referred to a medical board for further review.

2. Review of Medical Evidence

Once a medical board is formed, the board will begin reviewing the medical evidence. This includes:

  • Medical records: These will provide a clear history of the service member’s treatment, diagnosis, and care.

  • Expert testimony: Medical professionals may be called upon to testify about whether the treatment met the accepted standards of care.

  • Witness statements: Other healthcare providers or individuals who were present during the treatment may be interviewed.

The medical board will carefully assess whether the healthcare provider deviated from the standard of care, leading to injury or harm.

3. Evaluation of the Healthcare Provider’s Conduct

Medical boards not only evaluate the medical treatment provided but also examine whether the healthcare provider’s actions violated professional ethics, military regulations, or laws. If the board determines that a healthcare provider acted negligently, they may recommend disciplinary action, including:

  • Suspension or revocation of the healthcare provider’s medical license

  • A permanent ban from practicing in military healthcare settings

  • Administrative penalties or reprimands

In some cases, the board may determine that the healthcare provider’s actions were in line with accepted medical practice, in which case the claim may be dismissed.

4. Outcomes and Recommendations

Following the review and investigation, the medical board will issue a report with their findings and recommendations. These may include:

  • Compensation recommendations: The board may suggest an appropriate amount of compensation for the injured party, particularly if negligence is proven.

  • Disciplinary action: If malpractice is found, disciplinary actions may be taken against the healthcare provider.

  • Further legal action: In some cases, the medical board may recommend that the service member pursue further legal action, including civil litigation, if compensation is not resolved through the military process.

What to Expect from a Medical Board Investigation

Service members should be prepared for the length of time it takes for a medical board to investigate and resolve a claim. The process can be lengthy, often taking several months or even years. During this time, the service member may face challenges related to navigating military bureaucracy, gathering evidence, and waiting for the investigation to conclude.

In addition to the time commitment, medical board proceedings can be complex, and the board may not always be sympathetic to the claims of the service member. This is where a dedicated legal team, such as Khawam Ripka LLP, can be crucial to the success of your claim.

Legal Options After the Medical Board Process

If the medical board finds that malpractice occurred, the service member may be entitled to compensation for their injuries, including:

  • Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life.

  • Medical costs: Payment for medical treatment related to the injury, including future treatment and rehabilitation costs.

  • Lost wages: Reimbursement for income lost due to the injury.

  • Disability benefits: If the injury results in long-term disability, the service member may be entitled to disability compensation.

If the board does not find that malpractice occurred, the service member may still have options for legal recourse, including pursuing a claim through the Federal Tort Claims Act (FTCA) or through military disability compensation channels.

Why Choose Khawam Ripka LLP?

At Khawam Ripka LLP, we specialize in military medical malpractice cases and are committed to helping service members navigate the complex and often bureaucratic process of filing a claim. We understand the intricacies of military medical boards and can help ensure that your case is thoroughly investigated, your rights are protected, and you receive the compensation you deserve.

Our experienced legal team can assist with:

  • Filing your initial claim and managing the claims process

  • Reviewing medical records and gathering expert testimony

  • Navigating medical board investigations and ensuring fair treatment

  • Pursuing further legal action if necessary to secure compensation

We are dedicated to providing aggressive representation to military service members who have been harmed by medical negligence.

Contact Khawam Ripka LLP Today

If you’ve been a victim of medical malpractice in the military healthcare system, don’t navigate the complexities alone. Contact Khawam Ripka LLP today for a free consultation. We are here to help you seek justice and hold negligent healthcare providers accountable.

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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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