Filing a Military Medical Malpractice Claim While on Active Duty – 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!
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 While on Active Duty
Filing a Military Medical Malpractice Claim While on Active Duty

Introduction

When an active-duty service member suffers harm due to medical negligence at a military medical facility, navigating the legal landscape can be especially challenging. Unlike civilians, active-duty members are restricted by the Feres Doctrine, a longstanding rule that limits the ability to sue the U.S. government for injuries considered “incident to service.” However, changes in policy and the Department of Defense’s administrative claims process have opened up new paths to pursue compensation.

At Khawam Ripka LLP, we are committed to helping active-duty service members understand their rights and take the appropriate steps toward justice.

What Is the Feres Doctrine?

Established by the Supreme Court in 1950, the Feres Doctrine has prevented active-duty military personnel from suing the federal government for injuries that occur during service. This includes medical malpractice in military hospitals. The rationale is to preserve military discipline and internal decision-making.

For decades, this meant that even the most clear-cut cases of negligence were left uncompensated. However, in 2020, Congress passed the National Defense Authorization Act (NDAA) which included provisions allowing active-duty service members to file administrative claims for medical malpractice under certain conditions.

Understanding the DoD Malpractice Claims Process

Active-duty military personnel can now file claims for medical malpractice through a process governed by the Department of Defense. Key features of this process include:

  • Filing Deadline: You must file your claim within two years from the date the injury occurred or the date it was discovered.
  • Submission Requirements: You will need to file a Standard Form 95 (SF-95) and provide supporting documentation, including:
    • Medical records
    • Description of the incident
    • Expert opinions (when available)
    • Estimated damages
  • Review Process: Claims are reviewed by a team of legal and medical experts within the DoD. If the claim is approved, the claimant may receive compensation without needing to go to court.

What Types of Injuries Are Eligible?

Not all injuries qualify for compensation under this program. The following are examples of qualifying malpractice-related incidents:

  • Surgical errors (e.g., wrong site surgery, retained instruments)
  • Misdiagnosis or delayed diagnosis of serious conditions
  • Anesthesia errors
  • Improper prescriptions or medication mix-ups
  • Prenatal or childbirth-related injuries

Limitations of the Claims Process

It’s important to understand that this administrative route is not a full replacement for traditional lawsuits:

  • No Court Proceedings: There is no jury trial or appeal to civil courts.
  • Limited Damages: Compensation may be capped or structured differently than civilian awards.
  • No Punitive Damages: You cannot seek punitive damages meant to punish egregious conduct.

Despite these limitations, the claims process provides a crucial path to justice for injuries that would have otherwise gone unaddressed.

Building a Strong Case as an Active-Duty Member

To maximize the likelihood of a favorable outcome, it is essential to:

  • Secure a knowledgeable attorney who specializes in military medical malpractice
  • Request and preserve all medical documentation immediately after the incident
  • Obtain expert medical opinions to validate the claim
  • Document your experience, symptoms, and all correspondence with military medical personnel

Why Choose Khawam Ripka LLP?

Our firm is dedicated exclusively to military medical malpractice. We have the experience, knowledge, and determination to:

  • Navigate the administrative claims system with precision
  • Build robust cases with expert testimony
  • Provide guidance tailored to your unique rank, base, and circumstance

When your health and future are on the line, you need a team that understands both the legal and military systems from the inside out.

Internal Resources for Additional Reading

  • How Military Medical Malpractice Differs from Civilian Medical Malpractice
  • Understanding Military Medical Malpractice Under the Federal Tort Claims Act

Contact Khawam Ripka LLP Today
Filing a claim while on active duty can feel intimidating, but you don’t have to do it alone. Reach out to Khawam Ripka LLP for a confidential consultation and take the first step toward securing the justice you deserve.

 

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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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