The Filing Process: Step-by-Step Guide to Military Medical Malpractice Claims – 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!

The Filing Process: Step-by-Step Guide to Military Medical Malpractice Claims

Filing a military medical malpractice claim is a complex process that demands attention to detail, adherence to specific timelines, and a thorough understanding of the unique legal considerations involved. Service members and veterans who have experienced medical malpractice within the military healthcare system may seek compensation for the harm suffered. In this blog, we provide a step-by-step guide to navigating the filing process for military medical malpractice claims.

Seeking Immediate Medical Attention:

If you believe you have been a victim of military medical malpractice, your first priority is to seek immediate medical attention for any ongoing health issues. Document all interactions with healthcare providers, treatments received, and any adverse effects experienced as a result of the medical care provided.

Gathering Relevant Documents:

Compile all relevant documents related to your medical treatment, including medical records, treatment plans, prescriptions, and any other documentation that supports your case. Thorough documentation serves as a crucial foundation for building a strong medical malpractice claim.

Consulting with Legal Professionals:

Seek the expertise of legal professionals experienced in military law and medical malpractice. Consultations with attorneys who specialize in these areas can help you understand your rights, assess the merits of your case, and determine the appropriate course of action.

Understanding the Feres Doctrine:

Be aware of the Feres Doctrine, a legal doctrine that limits the ability of active-duty military personnel to sue the government for injuries “incident to service.” While this doctrine generally applies to active-duty members, understanding its implications is essential in assessing the potential challenges of your case.

Reviewing Statutes of Limitations:

Military medical malpractice claims, like any legal claims, are subject to statutes of limitations—specific timeframes within which legal action must be initiated. Review the relevant statutes of limitations based on the circumstances of your case and the jurisdiction where the malpractice occurred.

Determining the Venue for Filing:

Decide where to file your military medical malpractice claim. The venue may depend on factors such as the location of the malpractice incident, the military treatment facility involved, and other jurisdictional considerations. Your legal team can guide you in determining the most appropriate venue for filing.

Filing an Administrative Claim:

Before pursuing legal action, you may be required to file an administrative claim with the appropriate military branch or federal agency. This administrative claim serves as a formal notice of your intent to seek compensation and allows the government an opportunity to respond or settle the matter.

Expert Medical Opinions:

Engage medical experts who can provide opinions on the standard of care, deviations from it, and the causal link between the medical malpractice and the harm suffered. Expert medical opinions strengthen your case and contribute to its credibility during the legal proceedings.

Engaging in Alternative Dispute Resolution (ADR):

Before going to court, consider engaging in Alternative Dispute Resolution (ADR) processes such as mediation or arbitration. ADR can offer a more expedient and collaborative way to resolve disputes, potentially avoiding the need for lengthy court proceedings.

Initiating Legal Proceedings:

If a satisfactory resolution is not achieved through administrative channels or ADR, your legal team may advise you to initiate legal proceedings by filing a lawsuit. The lawsuit will detail the allegations of medical malpractice, the damages sought, and the legal basis for your claim.

Navigating the Legal Process:

Throughout the legal process, your legal team will guide you through each step, from discovery and depositions to potential settlement negotiations or trial. Understanding the intricacies of military law, medical malpractice, and the relevant legal procedures is essential during this phase.

Advocating for Fair Compensation:

Your legal team will advocate for fair compensation, taking into account the physical, emotional, and financial impact of the medical malpractice. This may include seeking damages for medical expenses, pain and suffering, lost earning capacity, and other losses incurred.

Conclusion:

Filing a military medical malpractice claim requires meticulous planning, legal expertise, and a commitment to seeking justice for the harm suffered. If you believe you or a loved one has experienced military medical malpractice, contact the experienced team at ForTheMilitary.com for personalized guidance and advocacy. Understanding the step-by-step filing process is essential in navigating the complexities of military medical malpractice claims and working towards a fair resolution.

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.

Watch how Attorney Natalie Khawam fought for a decorated Green Beret

Play Video

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.