Filing a Military Medical Malpractice Claim After Discharge: Key Considerations – For the Military – Khawam Ripka LLP
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!

Filing a Military Medical Malpractice Claim After Discharge: Key Considerations

The impact of military medical malpractice can endure long after a service member’s discharge from active duty. Navigating the process of filing a military medical malpractice claim post-discharge involves unique considerations and potential challenges. In this blog post, we will explore key considerations for service members seeking to file a military medical malpractice claim after discharge and provide insights into the challenges they may encounter.

1. Recognizing the Time Constraints:

Consideration: Time is of the essence when filing a military medical malpractice claim after discharge. The Military Claims Act (MCA) imposes a strict two-year statute of limitations from the date of the incident, and delays in filing may result in the loss of the right to pursue compensation.
Challenges: One of the primary challenges is ensuring that the claim is filed within the prescribed timeframe. Delays in recognizing the impact of medical malpractice or navigating the civilian healthcare system post-discharge can potentially jeopardize the ability to seek legal remedies.

2. Gathering Evidence and Medical Records:

Consideration: Compiling comprehensive evidence is crucial when filing a military medical malpractice claim. This includes obtaining medical records, witness statements, and any other documentation supporting the case.
Challenges: Accessing military medical records and gathering evidence may be more challenging after discharge. Service members should proactively collect relevant documents during their military service or immediately upon discharge to strengthen their case.

3. Navigating the Civilian Legal System:

Consideration: After discharge, service members must navigate the civilian legal system to file a military medical malpractice claim. Understanding the intricacies of both military and civilian legal systems is essential.
Challenges: Adapting to the differences between military and civilian legal processes can be challenging. Specialized legal counsel with expertise in military medical malpractice can help guide service members through the civilian legal landscape.

4. Addressing Feres Doctrine Limitations:

Consideration: The Feres Doctrine, which limits service members’ ability to sue the government for injuries incident to service, is a key consideration. However, the Military Claims Act provides a limited avenue for certain tort claims, including medical malpractice.
Challenges: Navigating the nuances of the Feres Doctrine and understanding how it may impact a claim post-discharge requires legal expertise. Service members should work with attorneys experienced in military law to determine the applicability of the Feres Doctrine to their specific case.

5. Seeking Specialized Legal Counsel:

Consideration: Engaging the services of a specialized attorney experienced in military medical malpractice is crucial. Specialized legal counsel can navigate the complexities of both military and civilian legal systems and provide tailored guidance.
Challenges: Finding the right legal representation may pose challenges. Service members should actively seek attorneys with a proven track record in military medical malpractice cases, ensuring they have the expertise needed to effectively advocate for their rights.

6. Addressing Changes in Health Status:

Consideration: Service members’ health conditions may evolve after discharge. It is essential to address any changes in health status and incorporate these developments into the legal claim.

Challenges: Changes in health status can impact the assessment of damages and the overall strength of the case. Service members must stay vigilant about their health and promptly update their legal counsel on any relevant developments.


Filing a military medical malpractice claim after discharge involves navigating a complex legal landscape and overcoming unique challenges. Time constraints, evidence gathering, understanding legal limitations like the Feres Doctrine, and seeking specialized legal counsel are key considerations. Khawam Ripka, LLP, as the only law firm solely dedicated to getting compensation for victims of Military Medical Malpractice, is committed to providing the necessary support and guidance for service members facing these challenges. If you have been a victim of military medical malpractice, even after discharge, taking proactive steps to assert your rights is essential for seeking justice and fair compensation.

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.

Watch how Attorney Natalie Khawam fought for a decorated Green Beret

Play Video

Free Case Review

Share your experience and we will call you
If you were Active-duty within the last 2 years, we can help.

Privacy Policy and Terms & Conditions

Your privacy is important to Khawam Ripka, LLP and its affiliated companies (hereinafter collectively referred to as “we,” “us,” “our” or “Khawam Ripka, LLP”). Because your privacy is our concern, we have developed this Privacy Policy to inform you about Khawam Ripka, LLP’s privacy practices. This Privacy Policy covers how we collect, use, disclose, transfer, and store your information. The examples in this Privacy Policy are illustrative only and are not intended to be exhaustive.


We use the term “Personal Information” to mean any information that could reasonably be used to identify you, including your name, address, telephone number(s), driver’s license number, occupation, date of birth, social security number, personal or business tax identification numbers, legal information (such as judgment, liens, bankruptcies, etc.), credit history, and medical information (such as your health status and treatment history). The information we obtain depends on the context of your interactions with us. We may obtain such information directly from you on our website (the “Site”) or by telephone, and/or from applications, contracts, documents and forms you complete or sign. We may obtain additional information about you or, with your authorization, about others who may have an interest in your insurance or annuity policy, from your insurance or annuity company, insurance producer, health care providers, creditors, credit reporting agencies, and from your representatives or advisors. We may also obtain information about you from public records and, with your authorization, from other persons.

We use the term “Anonymous Information” to mean any information that does not identify you, and may include, for example, aggregated demographic information and statistical information concerning how you and other visitors use our website (the “Site”).


We use the Personal Information you provide for purposes of the transactions or information that you request. As permitted by law, or as authorized by you, we may share your Personal Information with affiliated and non-affiliated companies that provide services related to information or transactions you request, under the following additional circumstances: (i) for us to establish or exercise our legal rights or to defend against legal claims; (ii) in connection with a proposed or actual sale, merger, transfer, exchange or consolidation of Khawam Ripka, LLP, an affiliated company or any portion thereof; (iii) to secure or obtain services and/or advice from our attorneys, accountants and auditors; and (iv) to permit our affiliates to contact you about products or services. We may also disclose your Personal Information to others for other purposes, with your authorization or otherwise as required or permitted by law.

Maintaining the accuracy of your information is a shared responsibility. We maintain the integrity of the information you provide us and will update your records when you notify us of a change. Please contact us at the address or phone number listed below when information concerning you changes.


We may share Anonymous Information with our partners and resources.


We treat information obtained from past contacts and inquiries in the same manner we treat information that we obtain through current or future contacts or inquiries.


We restrict access to your Personal Information to our employees who need this information in connection with your current or future transaction(s) or to provide you information that you may request from us. We maintain electronic, procedural, and physical safeguards to guard your nonpublic information. We take precautions to protect your information, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While the computers/servers in which we store your Personal Information are kept in a secure environment, we cannot guarantee absolute security.


We reserve the right to change this privacy policy at any time. If our information practices change, we will post the changed policy to our website. These privacy principles do not constitute a contract, create legal rights, or supersede any preexisting agreements with clients.


We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites, Khawam Ripka, LLP currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.


Our Site may contain links to other affiliated websites. Because we do not control the content of websites linking to or from our Site, we are not responsible nor can we make representations regarding the content of those websites or their individual privacy policies. We encourage you to read the privacy policies of any website that links to or from our Site that collects personally identifiable information.