Military service members, veterans, and their families rely on military healthcare systems for treatment and support. But when something goes wrong—when a surgery is botched, a diagnosis is missed, or a treatment is delayed—the consequences can last a lifetime. Proving that malpractice occurred within the military or VA healthcare system is a complex legal challenge. That’s where expert witnesses play a vital role.

In this blog, we explore how expert witnesses contribute to military medical malpractice claims, why they’re essential under the Federal Tort Claims Act (FTCA), and what to expect if you’re pursuing compensation for injuries caused by military medical negligence.

Why Expert Testimony Is Essential in Medical Malpractice Cases

In any medical malpractice case—military or civilian—the burden of proof is on the injured party. To win compensation, you must demonstrate that:

1. A medical provider owed you a duty of care 
2. That duty was breached through negligence 
3. The breach directly caused injury or harm 
4. The injury resulted in damages (physical, financial, emotional) 

Proving all of this requires more than just personal testimony or medical records. It often requires a qualified medical expert who can:

• Interpret your medical history 
• Explain what the standard of care was 
• Identify where and how that standard was breached 
• Connect the provider’s actions to your injury 

In military cases, where the treatment often involves government-employed medical professionals and complex bureaucratic procedures, expert analysis becomes even more critical.

What Does an Expert Witness Do?

An expert witness is typically a licensed medical professional—usually a physician or surgeon—who has experience in the same area of medicine as the defendant (e.g., military doctor, VA surgeon, etc.). Their primary role is to provide objective, educated opinions on whether the care provided met acceptable medical standards.

Key Functions of Expert Witnesses:

• Review your medical records to detect errors or omissions 
• Establish the “standard of care” for the procedure or diagnosis involved 
• Testify (if necessary) about how your care fell short of that standard 
• Explain causation—linking the mistake to your resulting condition 
• Offer written reports to support your Federal Tort Claims Act filing 

In many jurisdictions and under FTCA procedures, an expert affidavit is required before a case can proceed. Without expert support, your claim may be dismissed as legally insufficient.

Expert Witnesses in FTCA Claims: What You Need to Know

The Federal Tort Claims Act (FTCA) allows veterans, retirees, and dependents to file claims for medical malpractice committed by federal employees, including military doctors and VA providers. But the FTCA process is not like a typical civil lawsuit—it involves:

• Filing a formal administrative claim using Standard Form 95 
• Waiting up to six months for a government response 
• Filing in federal court only if the claim is denied or ignored 

Expert witness input is crucial at every stage of this process.

During the Administrative Claim:

Although the SF-95 form doesn’t explicitly require expert support, attaching an expert’s report can:

• Strengthen the initial claim 
• Make the case more likely to settle without litigation 
• Show the agency you’re serious and prepared 

If the Case Proceeds to Federal Court:

Expert witnesses become central to litigation. They may be called to testify about:

• What the treating military doctor did wrong 
• Whether the mistake was avoidable 
• How the error caused long-term harm 

Without this testimony, even a compelling case on paper may fall apart in court.

Choosing the Right Expert for a Military Malpractice Case

Not all expert witnesses are equal. In military malpractice cases, the right expert should not only be licensed and experienced but should also understand how military healthcare systems work—including the chain of command, treatment protocols, and documentation standards in DoD or VA settings.

Characteristics of a Strong Expert Witness:

• Board certification in the relevant specialty (e.g., orthopedics, cardiology, psychiatry) 
• Clinical experience in both military and civilian medical settings 
• Credibility in court—clear, confident, and impartial communication 
• No conflicts of interest (e.g., not currently working for the government) 
• Familiarity with federal procedures and legal expectations under the FTCA 

Most importantly, your attorney should be the one to select and manage the expert witness, ensuring their findings are clearly presented, well-supported, and tailored to the facts of your case.

Examples of When Expert Witnesses Make the Difference

Military malpractice cases often hinge on subtle errors—ones that only a trained eye can detect. Consider these examples:

Misdiagnosis of a Brain Injury

A Marine is treated at a military hospital after a fall but is discharged with “mild concussion.” Years later, cognitive issues emerge. An expert neurologist can explain how earlier imaging or follow-up could have detected a more serious brain injury—and how that oversight caused long-term damage.

Surgical Complication at a VA Hospital

A veteran undergoes surgery at a VA facility and experiences post-operative infection, nerve damage, and chronic pain. An orthopedic expert can review the surgical notes, flag procedural errors, and show that proper technique would have prevented the outcome.

Delayed Cancer Diagnosis

A retired service member visits a VA doctor multiple times for fatigue and pain. Months later, cancer is diagnosed at an advanced stage. An oncologist can evaluate whether the earlier symptoms should have prompted imaging or bloodwork—and whether earlier detection would have improved the prognosis.

In each of these scenarios, the expert’s opinion helps connect the dots between care provided and harm suffere

Why Expert Testimony Is So Important in Government Cases

Unlike civilian malpractice lawsuits, FTCA cases must prove federal liability. That means more than showing something went wrong—it means showing that a federal employee failed to meet their professional duty while acting in their official role.

The government will almost always push back with its own experts—arguing that the care was reasonable, the injury was pre-existing, or the outcome was unavoidable. A strong expert witness on your side helps level the playing field.

Conclusion: Expert Witnesses Can Make or Break Your Military Malpractice Claim

If you or a loved one were harmed by military or VA medical care, you’re not alone—but you’ll need strong evidence to seek justice. An expert witness isn’t just helpful in these cases—they’re often essential.

At Khawam Ripka LLP, we partner with trusted medical experts who understand the military system and are prepared to stand up in court. Our attorneys know how to build a solid malpractice case—starting with the right testimony, the right records, and the right legal strategy.

👉 Visit ForTheMilitary.com or call now to schedule your confidential consultation.
We’ll evaluate your case, coordinate expert review, and help you fight for the compensation and accountability you deserve.

Your service came with sacrifice—don’t let a preventable medical error define your future. Let us help you take the first step toward justice.