When parents entrust their child’s care to a military medical facility, they expect diligence, professionalism, and compassion. But when something goes wrong—when a preventable mistake harms a child—the result is not just medical, it’s emotional, personal, and life-altering. Pediatric injuries caused by negligence in military medical facilities demand accountability. And for military families, the path to justice can feel confusing and overwhelming.

In this guide, we’ll explore how military families can seek justice after pediatric medical injuries, what makes these cases uniquely complex, and the critical steps to protect your child’s future.

Understanding Pediatric Medical Negligence in Military Healthcare

Pediatric medical negligence refers to preventable harm caused to a child by a medical professional’s failure to meet the standard of care. In a military context, this could occur during routine checkups, emergency procedures, surgeries, or hospital stays in military treatment facilities (MTFs).

What Makes Pediatric Injuries Unique?

Children are not just “small adults.” Their bodies are still developing, and medical errors can have long-term consequences on physical, cognitive, and emotional development. What might be a minor mistake in an adult can be devastating in a child—especially if it delays growth, causes brain trauma, or results in chronic disabilities.

For military families, the emotional toll is compounded by frequent relocations, limited access to specialized pediatric care, and the complexities of dealing with the Department of Defense healthcare system.

Legal Barriers Military Families Face

Navigating a pediatric malpractice claim in a military setting is unlike a typical civilian case. Several unique legal frameworks can either support or obstruct justice depending on your situation.

The Feres Doctrine and Its Limitations

The Feres Doctrine, a longstanding legal precedent, generally prohibits active-duty service members from suing the federal government for injuries “incident to service”—even if those injuries result from medical negligence. However, this restriction does not extend to dependents, including children.

That means if your child—who is covered under TRICARE and treated in a military hospital—is injured due to malpractice, you may have a viable legal claim, even if you, the parent, are on active duty.

The Federal Tort Claims Act (FTCA)

Under the FTCA, families can sue the federal government for negligent acts committed by federal employees, including healthcare professionals at military hospitals. To qualify under the FTCA:

• The healthcare provider must have acted within the scope of employment.
• The injury must have occurred in the U.S. or on a U.S. military base.
• A Standard Form 95 (SF-95) must be filed within two years of the incident.

It’s important to note that before going to court, the claim must first go through an administrative process with the Department of Defense or the relevant military branch.

Steps to Take if Your Child Is Harmed

If you suspect your child has been harmed due to negligence in a military medical facility, timing and preparation are critical.

1. Get Immediate Medical Attention

Your child’s health comes first. Seek treatment from an independent, civilian medical provider to address the injury and gain an unbiased second opinion. This external evaluation will also be crucial in building your legal case.

2. Request and Secure Medical Records

Obtain every document from the military treatment facility where the injury occurred. This includes test results, treatment plans, provider notes, and discharge summaries. Records are the foundation of your case.

3. Document Everything

Start a journal. Write down dates, symptoms, what doctors said, and how your child’s condition has changed. Photograph physical injuries. Save communications with healthcare providers or the military hospital’s patient advocate office.

4. File an Official Complaint

Report the incident through the facility’s patient advocate or risk management office. Even though this doesn’t replace a legal claim, it establishes a timeline and puts the facility on formal notice.

5. Speak to a Military Medical Malpractice Attorney

Do not attempt to navigate the FTCA process alone. These cases are highly specialized. An experienced attorney understands the interplay between military law, administrative procedure, and pediatric injury claims—and can protect your family from further trauma.

Why These Cases Matter

No one enters military service expecting to fight a legal battle over their child’s injury. But these cases are more than just lawsuits—they’re about accountability, safety, and change. When parents step forward to demand justice, they not only protect their own families but also help prevent future harm to others.

Military hospitals, like all medical institutions, must be held to the highest standards. When a baby is left unattended, when a child’s symptoms are dismissed, or when surgical errors occur, the system must answer for it. Lawsuits aren’t about vengeance—they’re about responsibility.

What Compensation Can Cover

While no amount of money can undo the pain, compensation can offer tangible support and stability. In a successful FTCA pediatric injury case, families may be eligible to receive:

• Coverage for ongoing medical treatment
• Rehabilitation costs and assistive devices
• Special education expenses
• Pain and suffering
• Loss of future income (if the injury impacts future earning capacity)
• Parental emotional distress (in some cases)

All awards are paid by the federal government, not by individual doctors.

Overcoming Common Misconceptions

“If I’m active duty, I can’t sue.”
False—your child is not restricted by your military status.

“Military doctors can’t be held accountable.”
Also false. While criminal or disciplinary actions may be rare, civil accountability through FTCA is possible.

“It’s not worth the stress.”
Only you can make that decision—but having the right legal team can ease the process and empower your voice.

Conclusion: 

When your child is hurt because of negligence, it shakes your world. As a military parent, you’ve made countless sacrifices for your country—and the very least you deserve is competent, accountable healthcare for your family.

At Ripka Kelly LLP, we specialize in military medical malpractice cases and are deeply committed to helping families like yours find justice, peace, and answers. Our team understands the law—and the emotional weight you carry. Let us help shoulder that burden.

If your child has suffered an injury in a military medical facility, don’t wait. Contact us today for a consultation. You’ve protected this nation—now let us help protect your family.