How Military Medical Malpractice Differs from Civilian Medical Malpractice – 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!

How Military Medical Malpractice Differs from Civilian Medical Malpractice

Medical malpractice in the military setting follows a very different path compared to civilian cases. If you or a loved one suffered harm while receiving treatment through military healthcare providers, understanding these differences is crucial for seeking justice. At Khawam Ripka LLP, our team focuses exclusively on representing military members and their families in complex medical malpractice claims.

Key Differences Between Military and Civilian Medical Malpractice

1. Jurisdiction and Sovereign Immunity

In civilian cases, lawsuits are typically filed against private hospitals or physicians. In military cases, your claim may fall under the Federal Tort Claims Act (FTCA) or the Military Claims Act (MCA). These laws come with different procedures, limitations, and protections for the government.

Under the FTCA, for example, the government waives its sovereign immunity to allow certain types of lawsuits, including those involving negligence. However, this waiver is limited and specific. The MCA provides a mechanism for claims by active-duty military personnel, their families, or third parties for personal injury, death, or property damage caused by military personnel acting within the scope of their duties. These are administrative claims and are not resolved through the court system.

2. Active Duty Restrictions and the Feres Doctrine

One of the most significant distinctions in military medical malpractice is the Feres Doctrine, a legal rule that bars active-duty military members from suing the federal government for injuries that are “incident to service.” This doctrine has historically shielded military medical professionals from liability in civil courts.

Recent changes, such as the inclusion of a medical malpractice claims process within the Department of Defense, have softened this absolute ban. While active-duty members still cannot bring traditional lawsuits, they may now file compensation claims for injuries caused by military healthcare providers under limited circumstances.

3. Filing Deadlines and Procedures

Civilian malpractice claims typically follow state-specific statutes of limitations, which can range from one to three years or more depending on the jurisdiction. In contrast, military malpractice claims often require strict adherence to federal rules:

  • A Standard Form 95 (SF-95) must be submitted within two years from the date the claimant becomes aware of the injury.
  • The form must include detailed information about the incident, injuries, and the amount of compensation sought.
  • Failure to file on time may result in a loss of legal rights.

4. Claims Resolution and Legal Forums

Civilian malpractice claims are resolved in state or federal courts, often through a jury trial or negotiated settlement. Military malpractice claims, especially those under the MCA or recent reforms, are handled administratively and evaluated by military legal personnel or specific claims offices. This difference can significantly impact how evidence is reviewed and how compensation is awarded.

Who Can File a Military Medical Malpractice Claim?

Understanding your eligibility is critical, as different groups have different rights under the law:

  • Active-duty service members: May file administrative claims under recent Department of Defense guidance but cannot file lawsuits under the Feres Doctrine.
  • Veterans: If injured due to VA hospital negligence or malpractice, may file claims under the FTCA.
  • Military dependents: Can pursue malpractice claims for treatment received in military medical facilities.
  • Retirees: Retain the right to file claims for malpractice related to treatment received through military healthcare systems.

Common Military Medical Malpractice Issues

Like civilian medical systems, military healthcare facilities are susceptible to:

  • Surgical errors (e.g., wrong-site surgery, retained surgical tools)
  • Misdiagnosis or failure to diagnose serious conditions
  • Delayed treatment leading to worsened outcomes
  • Medication errors or improper prescriptions
  • Birth injuries during labor and delivery
  • Inadequate post-operative care
  • Failure to follow up or refer patients to specialists

Each of these incidents may constitute medical malpractice if it can be proven that the care deviated from accepted medical standards and caused harm.

Building a Strong Military Medical Malpractice Case

Military cases often require an even higher level of preparation and evidence gathering. Key components include:

  • Expert medical opinions to support claims of negligence
  • Thorough review of medical records and military documentation
  • Statements from witnesses and fellow service members or dependents
  • Timeline documentation of the injury and medical treatment

Working with an experienced military malpractice attorney significantly increases your chances of success.

Why Choose Khawam Ripka LLP?

We are nationally recognized military medical malpractice attorneys with a singular focus: fighting for military families. With decades of experience, we understand the intersection of federal law, military policy, and medical negligence.

Our team knows the nuances of:

  • Navigating FTCA and MCA procedures
  • Identifying military hospital policy violations
  • Securing the compensation service members and their families deserve

We treat every case with the respect and urgency it deserves, recognizing the sacrifice military families make for our country.

Additional Resources

  • Understanding Military Medical Malpractice Under the Federal Tort Claims Act
  • Filing a Military Medical Malpractice Claim While on Active Duty

Need Help Understanding Your Rights?
Contact Khawam Ripka LLP today for a free consultation. We’ll help you navigate the complex process of military medical malpractice claims and fight for the compensation 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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