How to Gather and Preserve Evidence in Military Medical Malpractice Cases – 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!

How to Gather and Preserve Evidence in Military Medical Malpractice Cases

Military Medical Malpractice cases are complex and challenging, requiring a meticulous approach to gathering and preserving evidence. Securing strong evidence is crucial for building a compelling case that can stand up in court. In this comprehensive guide, we will explore the essential steps involved in gathering and preserving evidence in Military Medical Malpractice cases.

Understanding the Unique Challenges:

Military Medical Malpractice cases come with their own set of challenges due to the involvement of government entities, the Feres Doctrine, and military regulations. It’s crucial to understand these challenges to navigate the legal landscape effectively.

Immediate Actions After the Incident:

Time is of the essence in collecting evidence for a medical malpractice case. After the incident, the victim or their representative should take immediate actions such as documenting details, taking photographs, and collecting any available medical records.

Securing Medical Records:

One of the primary pieces of evidence in a medical malpractice case is the medical records. In a military setting, obtaining these records might be more challenging, but it’s essential to request them as soon as possible. This includes all relevant documents, such as treatment plans, surgery notes, and post-operative care records.

Preserving Physical Evidence:

If there is any physical evidence related to the malpractice, such as medical devices or equipment, it’s crucial to preserve them. Photographs and detailed documentation can serve as valuable evidence. Additionally, securing any clothing or personal items worn during the incident can be important.

Interviewing Witnesses:

Identifying and interviewing witnesses is a critical step in gathering evidence. This may include fellow service members, medical staff, or anyone who was present during the incident. Witness testimonies can provide valuable perspectives and strengthen the case.

Consulting Expert Witnesses:

In many medical malpractice cases, expert witnesses play a crucial role. These experts can provide their professional opinion on the standard of care, causation, and the extent of damages. Engaging qualified medical experts who understand military medical procedures is essential.

Preserving Digital Evidence:

In the digital age, electronic evidence can be significant. This may include emails, electronic communication between medical staff, and even security camera footage. Ensuring the preservation of this evidence is vital for presenting a comprehensive case.

Maintaining a Detailed Timeline:

Creating a chronological timeline of events is a helpful tool in organizing and presenting evidence. Include dates, times, and details of each significant event related to the malpractice. This timeline can serve as a visual aid for attorneys, experts, and the court.

Documenting Changes in Health:

As the victim, documenting any changes in health or complications arising from the malpractice is crucial. This includes photographs of injuries, detailed notes on symptoms, and any subsequent medical treatments sought outside the military facility.

Adhering to Chain of Custody:

For physical evidence, maintaining a clear chain of custody is essential. This ensures that the evidence’s integrity is preserved and can be traced back to its origin without any doubt. Proper documentation of who handled the evidence and when is crucial.

Understanding Military Regulations:

Military facilities operate under specific regulations, and understanding these regulations is crucial for building a strong case. Legal professionals specializing in Military Medical Malpractice are well-versed in navigating these regulations to ensure all necessary evidence is obtained.

Working with Legal Experts:

Collaborating with attorneys experienced in Military Medical Malpractice is imperative. They can guide the evidence-gathering process, provide legal counsel, and ensure that all aspects of the case adhere to the relevant laws and regulations.


Gathering and preserving evidence in Military Medical Malpractice cases is a meticulous process that requires attention to detail and a thorough understanding of the unique challenges involved. By taking immediate actions, collaborating with legal experts, and leveraging various forms of evidence, victims can build a robust case that stands up in court. In seeking justice for military medical malpractice, the careful preservation of evidence is a critical step towards achieving a favorable outcome.

Take the first step towards justice. Contact us today for a confidential consultation and let our experienced legal team guide you through the process of pursuing a Military Medical Malpractice claim. Your rights matter, and we are here to help you seek the compensation you deserve. Don’t wait – let us be your advocates in the pursuit of justice.

Follow Us

More Post

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.