The Burden of Proof in Military Medical Malpractice Cases – For the Military – Khawam Ripka LLP
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The Burden of Proof in Military Medical Malpractice Cases

Military medical malpractice cases pose unique challenges for service members seeking justice for negligent medical care. One of the fundamental aspects of these cases is the burden of proof – the obligation to demonstrate, through evidence and legal arguments, that the alleged medical malpractice occurred and directly caused harm. In this blog, we explore the burden of proof in military medical malpractice cases, understanding its complexities, and the strategies involved in meeting this legal requirement.

Defining the Burden of Proof:

The burden of proof in legal proceedings refers to the responsibility placed on the plaintiff to establish the facts of their case and convince the court or jury of the validity of their claims. In military medical malpractice cases, this involves demonstrating that the healthcare provider deviated from the standard of care, and this deviation directly resulted in harm to the service member.

Higher Standard of Care in Military Medicine:

Military medical malpractice cases involve a higher standard of care compared to civilian cases. Military healthcare providers are held to the standard of a reasonably competent military healthcare provider, considering the unique challenges and circumstances of military service. Meeting this elevated standard adds complexity to proving negligence.

Complex Nature of Medical Procedures:

Military medical malpractice cases often involve complex medical procedures and treatments. Proving negligence requires a thorough understanding of these procedures, adherence to military protocols, and the ability to present this information in a clear and compelling manner. Expert testimony from qualified medical professionals is often essential in meeting this aspect of the burden of proof.

Establishing the Standard of Care:

Central to the burden of proof is establishing the standard of care applicable to the specific medical situation. This involves demonstrating what a reasonably competent military healthcare provider would have done under similar circumstances. Expert witnesses play a crucial role in helping the court understand and apply this standard to the case.

Proving Deviation from the Standard of Care:

Once the standard of care is established, the burden shifts to proving that the healthcare provider deviated from this standard. This requires presenting evidence, such as medical records, witness testimonies, and expert opinions, to demonstrate that the actions or omissions of the provider fell below the accepted standard of care.

Connecting Negligence to Harm:

Successfully meeting the burden of proof also involves establishing a direct connection between the alleged negligence and the harm suffered by the service member. This requires demonstrating that the deviation from the standard of care directly caused or contributed to the adverse outcome, whether it be physical injury, emotional distress, or other forms of harm.

Navigating the Feres Doctrine:

The Feres Doctrine, which limits the ability of service members to sue the government for injuries incident to military service, adds another layer to the burden of proof. Plaintiffs must navigate the constraints imposed by the Feres Doctrine, and legal strategies must address its implications when presenting evidence and arguments.

Overcoming Military Immunities:

Military healthcare providers may enjoy certain immunities, adding complexity to the burden of proof. Plaintiffs must overcome these legal protections by demonstrating that the alleged malpractice falls outside the scope of immunity or that exceptions apply.

Use of Expert Witnesses:

Expert witnesses play a pivotal role in meeting the burden of proof in military medical malpractice cases. These witnesses, often medical professionals with expertise in military healthcare, provide opinions on the standard of care, deviations from it, and the causal link between negligence and harm. Selecting qualified and credible experts is crucial for a compelling case.

Presenting a Persuasive Narrative:

Successfully meeting the burden of proof is not only about presenting evidence but also about crafting a persuasive narrative. Attorneys must guide the court or jury through the complexities of military medicine, making the case accessible and compelling. This involves effective storytelling, clear communication, and strategic use of evidence.


The burden of proof in military medical malpractice cases is a multifaceted challenge that requires a comprehensive understanding of medical and legal intricacies. Successfully meeting this burden involves a strategic and collaborative effort between legal professionals, expert witnesses, and affected individuals. With a well-crafted case, supported by thorough evidence and compelling legal arguments, service members can navigate the complexities of military medical malpractice claims and seek justice for the harm they have endured.

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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