Legal Options for Service Members Injured by Faulty Military Dental Care – For the Military – Ripka LLP

Legal Options for Service Members Injured by Faulty Military Dental Care
Legal Options for Service Members Injured by Faulty Military Dental Care

Military service members are entitled to receive comprehensive healthcare, including dental care, through military treatment facilities (MTFs). However, when negligence or errors occur in the care provided, it can lead to significant injury or harm. Injuries resulting from faulty military dental care can leave service members with long-lasting consequences, both physically and emotionally. In these cases, it’s crucial to understand the legal options available to seek justice and compensation.

This guide will provide insight into how service members can pursue legal action if they have been injured due to faulty military dental care, including the steps involved and the unique legal challenges that come with filing such claims.

Understanding Faulty Military Dental Care

Military dental care includes a wide range of services, from routine cleanings and fillings to more complex surgeries and procedures. Like civilian dental care, it is expected that these services meet a certain standard. However, when dental providers in MTFs fail to meet these standards, the results can range from minor complications to serious, life-altering injuries.

Types of Dental Malpractice

Faulty military dental care can occur in several ways, including:

  • Misdiagnosis of dental conditions: A failure to properly diagnose and treat oral diseases such as gum disease or infections.

  • Surgical errors: Mistakes made during extractions, implants, or other dental surgeries that lead to nerve damage, bleeding, or infection.

  • Incorrect treatment: Providing the wrong type of care, such as placing an ill-fitting crown or filling, which leads to further complications.

  • Failure to provide follow-up care: Not monitoring a patient properly after a procedure, which can result in untreated complications.

If you are injured due to dental negligence, it’s crucial to understand how the law applies in military healthcare settings and what your options are for pursuing compensation.

Legal Barriers for Service Members

While service members expect to receive the best care from military providers, the legal framework surrounding claims for medical malpractice, including dental malpractice, is different from typical civilian cases. Understanding these differences can help service members and their families prepare for the legal process.

The Feres Doctrine and Military Malpractice Claims

The Feres Doctrine is a key piece of legal precedent that restricts active-duty service members from suing the government for injuries sustained “incident to service.” This doctrine applies to injuries caused by military healthcare providers, including dental care. In essence, if the injury or malpractice occurs while on active duty and as part of your military service, you are generally prohibited from filing a lawsuit against the government.

However, there are exceptions. The Feres Doctrine does not apply to dependents of active-duty service members. So, if a family member or dependent receives faulty dental care at a military facility, they may be able to pursue legal action.

Filing a Claim Under the Federal Tort Claims Act (FTCA)

The primary avenue for service members or their families to file a claim against the federal government for faulty military dental care is through the Federal Tort Claims Act (FTCA). This law allows civilians, including military dependents, to sue the government for negligent actions by federal employees, such as dental professionals working in MTFs.

To file a claim under the FTCA, several requirements must be met:

  • The dental provider must be a federal employee: The dental care provider must be employed by the military and acting within the scope of their employment.

  • The injury must have occurred on a U.S. military base or within the U.S.: The claim must involve an incident that took place in a military treatment facility in the U.S. or abroad.

  • A Standard Form 95 (SF-95) must be filed: This form must be submitted within two years from the date of the incident, and the claim must first go through an administrative process with the Department of Defense (DoD) before it can proceed to court.

The FTCA provides a way for service members or their families to receive compensation for injuries caused by dental negligence, but the process can be lengthy and complex.

Steps to Take if You’re Injured by Faulty Military Dental Care

If you or a family member is injured due to faulty military dental care, it’s important to take specific steps to protect your legal rights and strengthen your claim.

1. Seek Immediate Medical Attention

If you’ve suffered an injury due to faulty dental care, it’s crucial to seek treatment from an independent, civilian dentist as soon as possible. Not only will this help mitigate any further damage, but an unbiased medical opinion is also essential for building your case.

2. Obtain Medical and Dental Records

Gather all relevant medical records from the military treatment facility where the injury occurred. This includes x-rays, treatment notes, prescriptions, and any documentation related to the dental procedures performed. These records will be essential in proving that negligence occurred.

3. Document the Incident

Keep a detailed record of the incident and your condition. Write down dates, symptoms, conversations with dental providers, and any other information that can support your claim. Photographs of injuries, emails, and communications with the facility can be valuable in providing evidence for your case.

4. File a Complaint

You should file a formal complaint with the patient advocate or risk management office at the military treatment facility where the dental care was provided. While this doesn’t directly affect your legal claim, it establishes a timeline and ensures that the facility is aware of the issue.

5. Consult a Military Medical Malpractice Attorney

Filing a claim under the FTCA is a complex legal process that requires specialized knowledge. Consulting with an attorney experienced in military medical malpractice claims can help ensure that your case is handled properly. A skilled attorney can navigate the legal system, guide you through the administrative process, and represent you in court if necessary.

Compensation for Faulty Military Dental Care

If your claim is successful, compensation may be available to help cover the costs associated with your injury. This may include:

  • Ongoing medical and dental treatments: Coverage for corrective treatments and rehabilitation.

  • Pain and suffering: Compensation for physical and emotional distress caused by the injury.

  • Lost wages: If the injury prevents you from working or performing your duties, you may be entitled to compensation for lost income.

  • Future medical expenses: If the injury requires ongoing care or long-term treatment, compensation may be awarded to cover these costs.

It’s important to note that the federal government, not the individual dental provider, will cover the compensation.

Overcoming Common Misconceptions About Military Dental Care Claims

There are several misconceptions that may prevent service members or their families from pursuing claims for faulty dental care:

  • “I can’t sue if I’m on active duty.” While active-duty service members are generally prohibited from suing for injuries “incident to service” under the Feres Doctrine, dependents are still eligible to pursue claims.

  • “Military dentists can’t be held accountable.” This is not true. Military dentists can be held accountable under the FTCA if they are found to have committed negligence.

  • “The process is too complicated and stressful.” While the process can be challenging, a skilled attorney can help simplify it and protect your rights throughout the process.

Conclusion: Seeking Justice for Injuries Caused by Faulty Military Dental Care

If you or a loved one has been injured by faulty dental care at a military treatment facility, it’s crucial to understand your legal rights and options. While the process may be complex, pursuing justice and compensation for your injuries is possible with the right legal guidance.

At Khawam Ripka LLP,, we specialize in handling military medical malpractice cases, including faulty dental care claims. Our team is committed to helping service members and their families navigate the claims process and secure the compensation they deserve.

If you’ve been injured by faulty military dental care, don’t wait—contact us today for a consultation. Let us help you get the justice and compensation you’re entitled to. Your health and future matter, and we’re here to protect them.

Follow Us

Linkedin Facebook-f Instagram Twitter

More Post

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.

CONTACT US

Watch how Attorney fought for a decorated Green Beret

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.

INFORMATION COLLECTED

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”).

USE OF PERSONAL INFORMATION

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.

USE OF ANONYMOUS INFORMATION

We may share Anonymous Information with our partners and resources.

FORMER CONTACTS OR INQUIRIES

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.

CONFIDENTIALITY AND SECURITY

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.

UPDATES TO OUR PRIVACY POLICY

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.

“COOKIES”

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.

LINKING

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.