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When a child is harmed due to negligent medical care, the impact is devastating. For military families, the stakes are even higher. Whether the injury occurred on base or through the TRICARE network, pediatric medical malpractice in the military system requires a specialized legal approach.
At Khawam Ripka LLP, we stand beside military families across the country. If your child has been injured in a military medical facility due to negligence, we’re here to help you understand your rights, navigate the claims process, and fight for the compensation your child deserves.
What Qualifies as Pediatric Medical Malpractice?
Pediatric malpractice happens when a medical professional fails to provide an appropriate standard of care, resulting in injury or harm to a child. In military settings, this can occur at:
- Military base hospitals
- On-base clinics and pediatric units
- TRICARE-affiliated civilian providers
- VA hospitals providing family care to eligible dependents
Common examples include:
- Delayed diagnosis of critical conditions (e.g., meningitis, appendicitis)
- Medication dosing errors based on age or weight
- Birth-related injuries that manifest in early childhood
- Improper treatment of injuries or infections
- Failure to recognize developmental delays
- Negligent vaccination procedures
- Surgical errors in pediatric procedures
How Is Pediatric Malpractice Handled for Military Families?
Unlike active-duty service members, military dependents (including children) are not subject to the Feres Doctrine. This means:
✅ You can file a claim against the government under the Federal Tort Claims Act (FTCA)
✅ If the claim is denied or unsatisfactorily resolved, you can pursue a lawsuit in federal court
✅ Damages can include pain and suffering, medical costs, and long-term care expenses
Steps to Take After a Pediatric Injury on Base
If your child was harmed due to negligent medical care on a military base, take the following steps immediately:
1. Request Medical Records
Ask the military facility or TRICARE provider for a full copy of your child’s treatment documentation. This is crucial for building your case.
2. Get a Second Medical Opinion
Independent evaluation by a civilian pediatric specialist can provide insight into what went wrong and how it could have been avoided.
3. Document Everything
Keep a detailed record of your child’s symptoms, appointments, treatments, and how their condition has changed.
4. File a Standard Form 95 (SF-95)
This initiates the legal process under the FTCA. It must be filed within two years of the date of injury or discovery.
5. Consult a Military Medical Malpractice Attorney
This is not an ordinary personal injury case—FTCA claims involve unique procedures, deadlines, and documentation standards.
What Damages Can Be Recovered?
Children harmed by medical negligence may suffer long-term effects requiring a lifetime of care. Damages can include:
- Medical expenses (past, current, and future)
- Rehabilitation and therapy costs
- Special education or home care support
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Parental loss of income or support
In severe cases, these claims may be worth millions of dollars, particularly when a child will require lifelong care.
Special Considerations in Pediatric Cases
Pediatric malpractice cases come with additional layers of complexity:
- Longer Statute of Limitations: In some FTCA claims, the statute of limitations may be extended due to the age of the child, but deadlines still apply and can vary depending on the state or circumstance.
- Need for Expert Testimony: Pediatric medical experts are often needed to prove what went wrong and what should have been done.
- Emotional Impact on the Family: These cases are deeply personal and require compassion and confidentiality from your legal team.
At Khawam Ripka LLP, we handle each case with the care and attention it deserves—because we know these aren’t just legal matters, they’re your children’s lives.
Real-Life Military Pediatric Malpractice Scenarios
We’ve helped families pursue justice in tragic and preventable pediatric cases, including:
- A toddler who suffered brain damage from a missed meningitis diagnosis at a military clinic
- An infant with birth injuries resulting from improper fetal monitoring at a base hospital
- A young child who was misdiagnosed and given dangerous medication dosages
- A baby with a preventable infection after a failed postnatal screening
These injuries were not accidents—they were avoidable, and they required a legal response.
Why Choose Khawam Ripka LLP?
We are one of the few law firms in the nation focused exclusively on military medical malpractice. Our team understands the challenges military families face and is prepared to:
- File and manage FTCA claims from start to finish
- Gather pediatric medical experts to support your case
- Fight for a resolution that secures your child’s long-term wellbeing
- Provide compassionate legal support during an emotionally difficult time
You served. Now let us serve you.
Internal Links for Continued Learning
- How Military Medical Malpractice Differs from Civilian Medical Malpractice
- Filing a Military Medical Malpractice Claim While on Active Duty
- Understanding Military Medical Malpractice Under the Federal Tort Claims Act
Don’t Wait to Get Help for Your Child
If your child has suffered harm at a military medical facility, the clock is ticking. Contact Khawam Ripka LLP today for a confidential consultation. Let us help you protect your child’s future—and hold negligent providers accountable.
