Navigating the Complexities of Filing a Military Medical Malpractice Claim: Step-by-Step Guide – For the Military – Khawam Ripka LLP
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Navigating the Complexities of Filing a Military Medical Malpractice Claim: Step-by-Step Guide

Being a victim of military medical malpractice is an unfortunate reality for some service members. Navigating the complexities of filing a claim within the military system can be challenging, but understanding the process is a crucial step toward seeking justice and compensation. In this step-by-step guide, we break down the intricate process of filing a military medical malpractice claim, offering practical guidance to victims during a difficult time.

1. Recognize the Incident and Seek Immediate Medical Attention:

The first step in the process is recognizing the occurrence of medical malpractice. If you believe you have been a victim, seek immediate medical attention for your injuries. Document the details of the incident, including the date, time, and individuals involved, as well as any conversations or instructions provided by medical personnel.

2. Preserve Evidence:

Preserving evidence is critical in building a strong case. Keep copies of all relevant medical records, photographs of injuries, and any communication with medical staff. This documentation will serve as crucial evidence when pursuing a military medical malpractice claim.

3. Notify the Appropriate Authorities:

Military regulations often require timely notification of incidents. Notify the appropriate military authorities about the medical malpractice incident. This notification typically involves filing a report with your chain of command, medical command, or the Judge Advocate General (JAG) office, depending on the circumstances.

4. Command Investigations:

Prepare for a command investigation initiated by the military. This internal inquiry may involve interviewing witnesses, reviewing medical records, and assessing the circumstances surrounding the medical malpractice incident. While command investigations are essential for military records, they are not a substitute for filing a legal claim.

5. Consult with Specialized Legal Representation:

Seeking legal representation with expertise in military medical malpractice is crucial. Consult with an attorney experienced in navigating the intricacies of military law and medical malpractice claims. Specialized legal counsel can guide you through the specific challenges of filing a claim within the military justice system.

6. Military Claims Act (MCA) Filing:

Understand the provisions of the Military Claims Act (MCA), which allows service members to file claims against the government for certain torts, including medical malpractice. Initiating this process involves filing a Standard Form 95 (SF-95), which is a formal claim for compensation. Ensure that the SF-95 is accurately completed and submitted within the specified timeframe.

7. Administrative Remedies Exhaustion:

Before pursuing litigation, service members are generally required to exhaust administrative remedies. This involves completing the administrative review process, which may include negotiations and settlements with the military. Consulting with your attorney is crucial during this phase to ensure that your rights are protected.

8. Litigation and Legal Proceedings:

If a fair resolution is not reached through administrative remedies, your attorney may proceed to file a lawsuit against the government. Litigation involves presenting your case in court, providing evidence of medical malpractice, and seeking compensation for damages. Your attorney will guide you through the legal proceedings, including court appearances and the discovery process.

9. Expert Witnesses and Medical Testimony:

Engage expert witnesses who can provide professional testimony regarding the medical malpractice incident. Medical professionals with expertise in the relevant field can strengthen your case by providing authoritative opinions on negligence, causation, and the extent of your injuries.

10. Settlement Negotiations or Trial:

Many military medical malpractice claims are resolved through settlement negotiations. Your attorney will negotiate on your behalf to secure fair compensation. If a settlement is not reached, the case may proceed to trial, where a judge or jury will determine the outcome.
Filing a military medical malpractice claim is a complex and multifaceted process, requiring careful navigation of military regulations and legal procedures. If you have been a victim of medical malpractice during your military service, understanding each step of the process is vital. Khawam Ripka, LLP, stands as the only law firm solely dedicated to getting compensation for victims of Military Medical Malpractice. Our experienced attorneys are here to guide you through each stage, providing the support and advocacy needed to seek justice and fair compensation. Remember, you are not alone in this journey, and asserting your rights is a crucial step toward accountability and resolution.

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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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