Can You Sue a Military Doctor After Leaving the Service? – For the Military – Ripka LLP

Can You Sue a Military Doctor After Leaving the Service?
Can You Sue a Military Doctor After Leaving the Service?

Military healthcare is designed to support those who serve—but when mistakes happen, the consequences can be lifelong. If you’ve suffered harm due to medical negligence during your time in uniform, you may be wondering: Can I sue the military doctor who treated me, now that I’m no longer in service?

The answer is more complex than a simple yes or no. It depends on your status, when the injury was discovered, and the legal framework under which your case falls. In this blog, we’ll explore when and how military retirees and veterans may be able to sue a military doctor, what legal obstacles exist, and what steps to take if you believe you were a victim of medical malpractice while in service.

Understanding Medical Malpractice in the Military System

Military doctors, nurses, and medical staff are often federal employees. When they make critical errors—misdiagnosis, surgical mistakes, incorrect prescriptions, or failure to follow up—the result can be serious injury, disability, or even death. However, suing the government for these mistakes is not as simple as filing a traditional malpractice lawsuit.

The Feres Doctrine and Its Limitations

One of the most significant legal hurdles is the Feres Doctrine, which prohibits active-duty service members from suing the federal government for injuries “incident to service.” This includes medical malpractice committed by military doctors at military facilities—even if the error is obvious and devastating.

But here’s the key: the Feres Doctrine does not apply once you’re no longer active-duty.

If you’re now a retiree or veteran, you may be able to pursue a claim under different legal rules.

Legal Pathways After Leaving Active Duty

When you transition out of active service, your legal options expand. Military retirees, former service members, and dependents injured by military medical personnel can file a claim under the Federal Tort Claims Act (FTCA)—the primary tool for seeking compensation for federal medical negligence.

What Is the FTCA?

The Federal Tort Claims Act allows private citizens to sue the United States government for injuries caused by the negligent actions of federal employees, including military medical staff, provided specific criteria are met.

Under the FTCA:

  • You cannot sue individual doctors—only the federal government 
  • The malpractice must have occurred in a federally run facility (such as a base hospital or VA center) 
  • The employee must have been acting within the scope of their employment 
  • You must file an administrative claim first before you can sue in federal court 

This means you can sue for negligence committed by a military doctor, but the defendant is the United States, not the doctor personally.

When a Lawsuit Becomes Possible

1. You Were Injured During Active Duty, But Didn’t Discover It Until Later

This is where the discovery rule becomes important. If you were harmed during your time in service but only discovered the injury after you left the military—say through a civilian doctor or a specialist—that may extend your legal window.

Example: A misdiagnosed back injury during active duty leads to chronic pain and disability, but you don’t learn the full extent until you’re evaluated by a private orthopedic surgeon years after discharge. You may still have a case.

2. The Negligence Occurred After Retirement

Once you’ve separated from service, the Feres Doctrine no longer applies. If you receive care at a VA hospital or from a DoD facility post-retirement, and that care was negligent, you may pursue compensation through the FTCA.

This includes:

  • Incorrect prescriptions 
  • Failure to diagnose serious illness 
  • Post-operative complications due to negligence 
  • Inadequate mental health care 
  • Improperly interpreted imaging or test results 

Steps to Take if You’re Considering a Lawsuit

Pursuing compensation from the federal government is not a quick or easy process. It requires careful documentation, medical expertise, and a solid understanding of the FTCA process. Here’s where to begin:

Step 1: Obtain Your Complete Medical Records

Gather your military and VA medical records, as well as any civilian medical evaluations that point to past negligence. This helps establish a timeline and highlights where the mistake occurred.

Step 2: Get an Independent Medical Review

Have a civilian doctor assess your condition and determine whether it was likely caused by earlier negligent care. Their written medical opinion is critical to establishing causation in your case.

Step 3: File an Administrative Claim

You must submit Standard Form 95 (SF-95) to the appropriate federal agency (usually the VA or Department of Defense). This claim must include a detailed account of the injury, how it occurred, and the compensation you’re seeking.

Step 4: Wait for a Government Response

The agency has six months to respond. If they deny your claim or fail to respond, you then have the right to file a lawsuit in U.S. District Court.

Step 5: Work With an Experienced Civilian Attorney

Because the FTCA process is legally complex and procedurally strict, working with a civilian attorney who specializes in military medical malpractice is strongly recommended. A single misstep or missed deadline can invalidate your claim.

What Compensation Can You Receive?

While the FTCA doesn’t allow for punitive damages, successful claims may result in compensation for:

  • Medical bills (past and future) 
  • Corrective procedures or ongoing treatment 
  • Lost wages or diminished earning capacity 
  • Pain and suffering 
  • Loss of enjoyment of life 

Settlements can range from modest to substantial, depending on the severity of the injury and the long-term consequences on your health and livelihood.

Common Barriers to Watch For

Time Limitations

Under the FTCA, you typically have two years from the date you discovered the injury to file your administrative claim. Waiting too long can eliminate your right to sue—even if the negligence is clear.

Proving Causation

Connecting a past military doctor’s mistake to your current condition isn’t always straightforward. This is where documentation and expert opinion become crucial.

Bureaucratic Delays

Accessing records, receiving government responses, and navigating the federal process can take time. Having a legal advocate can help keep things on track.

Conclusion: You Have the Right to Accountability

Just because your service has ended doesn’t mean your rights have. If a military doctor’s mistake during your time in uniform caused long-term harm, you may be able to hold the government accountable—even if you only discovered the problem years later.

At Khawam Ripka LLP, we help veterans, retirees, and dependents fight for justice after medical errors within the military system. We understand the emotional, physical, and legal burdens of medical malpractice—and we’re here to stand with you every step of the way.

👉 Visit ForTheMilitary.com or call now to schedule your confidential consultation.
 Let us help you understand your rights, build your case, and seek the compensation you deserve.

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Here at Ripka LLP, 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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