Military medical malpractice at Fort Moore (Fort Benning)
Service members and their families treated at Martin Army Community Hospital on Fort Moore (Fort Benning) in Georgia deserve competent, careful medical care. When providers serving the Army fall below the accepted standard of care and cause serious harm, the Stayskal Act may allow a claim for compensation — and our firm is here to help.
Alan Ripka & Associates represents active-duty service members and their families in military medical malpractice claims arising from care at Martin Army Community Hospital and other military treatment facilities. Below is how we help, the types of cases we handle at Fort Moore (Fort Benning), and what you need to know about your rights and deadlines.
The Stayskal Act: your right to hold military medicine accountable
For nearly seventy years, the Feres Doctrine — a 1950 U.S. Supreme Court decision — barred active-duty service members from recovering anything when they were harmed by negligent medical care in the military, no matter how serious the injury. A soldier could be given the wrong medication, misdiagnosed, or injured in surgery, and still have no path to compensation.
That changed with the SFC Richard Stayskal Military Medical Accountability Act, signed into law as part of the National Defense Authorization Act for Fiscal Year 2020. Named for a Green Beret whose lung cancer went undiagnosed at a military hospital, the Act created an administrative claims process that finally allows active-duty service members to seek compensation for medical malpractice at military treatment facilities.
Under the Act, eligible claims are filed administratively with the service branch — not in state or federal court — and are reviewed under Department of Defense regulations. Because the process is unique to the military, it is important to work with attorneys who understand both military medicine and how these claims are evaluated.
Fort Moore (Fort Benning) malpractice cases we handle
Every case at Martin Army Community Hospital is different, but the harm we see most often includes:
- Cancer Misdiagnosis at Fort Moore (Fort Benning) — A missed or delayed cancer diagnosis can cost a service member precious time and treatment options.
- Failure to Diagnose at Fort Moore (Fort Benning) — A missed or delayed diagnosis is one of the most common — and most damaging — forms of malpractice.
- Surgical Errors at Fort Moore (Fort Benning) — Some surgical mistakes should never happen — and when they do, the harm can be permanent.
- Birth Injury at Fort Moore (Fort Benning) — Preventable injuries to a newborn or mother during labor and delivery at a military hospital.
Who can bring a claim
- Active-duty service members harmed by negligent care at a military treatment facility may file a claim under the Stayskal Act.
- Military dependents and retirees generally are not barred by the Feres Doctrine and may have a separate route to compensation under the Federal Tort Claims Act. We can help identify which path applies.
- Surviving family members may be able to pursue a claim when negligent military medical care contributes to a service member’s death.
Deadlines are strict. Stayskal Act claims generally must be filed within two years of the date the claim accrues. Gathering military medical records and expert opinions takes time — the sooner you speak with a lawyer, the more we can do.
How a military medical malpractice claim works
- Free, confidential case review. We listen to what happened and explain your options — with no obligation.
- Records and investigation. We obtain your military medical records and consult qualified medical experts to determine whether the care fell below the accepted standard.
- Filing the claim. We prepare and file the administrative claim with your service branch, documented and supported, before the deadline.
- Review and negotiation. The branch evaluates the claim under Department of Defense regulations. We advocate for the full value of your losses.
- Resolution. If compensation is offered, we advise you every step of the way. Larger claims may involve additional Department of Defense and Treasury review.
Compensation that may be available
Every case is different, but depending on the facts, a claim may seek recovery for:
- Past and future medical care, surgery, and rehabilitation
- Lost income and diminished earning capacity
- Pain, suffering, and loss of quality of life
- Long-term care and assistive needs for permanent injuries
- In fatal cases, the losses suffered by surviving family members
Why service members choose Alan Ripka & Associates
Our firm brings decades of trial and medical-malpractice experience to military families. We understand military medicine, the Stayskal Act process, and what it takes to build a claim supported by qualified medical experts. We treat every client with the respect their service has earned — and we handle these cases on a contingency basis, so you owe no attorney’s fee unless we obtain compensation for you.
Frequently asked questions
Isn’t the government immune from these claims?
For decades, the Feres Doctrine barred active-duty members from suing for military medical malpractice. The Stayskal Act created an administrative claims process as a carve-out, allowing eligible service members to seek compensation without filing a lawsuit.
Do I have to file a lawsuit in court?
No. Stayskal Act claims are filed administratively with your service branch — Army, Navy, Air Force, Marine Corps, or Coast Guard — and are reviewed under Department of Defense regulations, not in state or federal court.
How long do I have to file?
Deadlines are strict — generally two years from the date the claim accrues. Because obtaining military medical records takes time, it is important to speak with a lawyer as soon as possible.
What does it cost to talk to a lawyer?
Nothing. Consultations are free and confidential, and we work on a contingency basis — you owe no attorney’s fee unless we obtain compensation for you.
We fight for those who fight for us
Alan Ripka & Associates is dedicated to representing service members and their families in military medical malpractice claims. Your case review is free and confidential, and there is no fee unless we recover for you. Call 1-84-GETRipka (844-387-4752) or request a consultation today.
Attorney Advertising. This page is for general information only and is not legal advice. Prior results do not guarantee a similar outcome; every case is different. Contacting the firm does not create an attorney-client relationship.
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