Legal Remedies for Military Medical Malpractice Outside the United States – 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!

Legal Remedies for Military Medical Malpractice Outside the United States

For service members stationed outside the United States, accessing legal remedies for military medical malpractice can present unique challenges. The complexities of jurisdiction, applicable laws, and the presence of international considerations make pursuing justice for medical negligence a nuanced process. In this blog, we explore the legal remedies available to service members who experience medical malpractice while stationed outside the United States.

Understanding Jurisdictional Challenges:

One of the primary challenges in military medical malpractice cases outside the United States is determining the appropriate jurisdiction. The location where the malpractice occurred, the status of forces agreements, and the legal framework governing military operations in that region all play a role in establishing jurisdiction.

Status of Forces Agreements (SOFA):

Status of Forces Agreements between the United States and host countries often dictates the legal status of U.S. military personnel deployed abroad. These agreements may outline the extent to which U.S. laws, including those related to medical malpractice, apply to service members while stationed in a foreign country.

Application of U.S. Law:

In some cases, U.S. law may still apply to military medical malpractice claims outside the United States. The choice of law provisions in contracts, the nature of the medical services provided, and the specific circumstances of the malpractice incident can influence whether U.S. law is applicable.

Filing Claims under the Military Claims Act (MCA):

Service members stationed overseas can explore filing claims under the Military Claims Act (MCA). This federal law allows individuals to seek compensation from the U.S. government for personal injury, property damage, or death caused by the negligent or wrongful act of military personnel acting in the scope of their employment.

Navigating the Foreign Claims Act (FCA):

The Foreign Claims Act (FCA) is another avenue available to service members for seeking compensation for injuries caused by noncombat-related incidents while stationed abroad. Navigating the FCA requires adherence to specific procedures and timelines, and claims must be filed with the appropriate authorities.

Considerations for Civilian Medical Personnel:

In situations where civilian medical personnel are involved in the malpractice incident, service members may explore legal remedies through local courts or international agreements. Cooperation between the U.S. military and the host country’s legal system may be necessary to address cases involving civilian medical providers.

Impact of the Feres Doctrine:

The Feres Doctrine, which generally prohibits active-duty military personnel from suing the U.S. government for injuries “incident to service,” may still have implications for cases outside the United States. Understanding the potential impact of the Feres Doctrine on overseas medical malpractice claims is crucial.

Engaging Legal Representation:

Service members stationed outside the United States pursuing legal remedies for medical malpractice benefit significantly from engaging legal representation with expertise in military law and international legal considerations. Attorneys experienced in navigating the complexities of overseas cases can provide essential guidance.

Utilizing Military Legal Assistance:

Military legal assistance offices can be valuable resources for service members seeking information on legal remedies for medical malpractice. These offices offer guidance on the applicable laws, procedures, and potential courses of action available to service members stationed abroad.

Advocacy for Systemic Improvements:

In addition to seeking individual legal remedies, service members experiencing medical malpractice outside the United States can contribute to advocacy for systemic improvements. Providing feedback, participating in investigations, and raising awareness of challenges can contribute to enhancing the quality of healthcare within the military overseas.

Conclusion:

Accessing legal remedies for military medical malpractice outside the United States requires a nuanced understanding of jurisdictional challenges, applicable laws, and international agreements. If you or a loved one has experienced medical malpractice while stationed abroad, seeking legal guidance from professionals with expertise in both military law and international legal considerations is essential. The team at ForTheMilitary.com is committed to providing assistance and advocacy for service members navigating the complexities of military medical malpractice claims, wherever they may be stationed. Understanding the available legal remedies is a crucial step in seeking justice and accountability for medical negligence in a foreign military context.

Follow Us

Linkedin Facebook-f Instagram Twitter

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.

CONTACT US

Watch how Attorney Natalie Khawam 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.