The Role of Medical Errors in Military Medical Malpractice Claims – For the Military – Khawam Ripka LLP
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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 Role of Medical Errors in Military Medical Malpractice Claims

Medical errors are a critical issue within any healthcare system, but the stakes are particularly high in military medical settings. When a medical error occurs in the military, it can have profound consequences for active-duty service members, veterans, and their families. Unfortunately, these errors can lead to life-altering injuries, prolonged suffering, and even wrongful death. For those seeking justice, medical malpractice claims may be the only path forward.

However, military medical malpractice claims are often complicated by factors unique to the military healthcare system. Understanding the role medical errors play in these claims, as well as the specific challenges faced by those filing, is essential for service members and their families.

What Constitutes a Medical Error?

A medical error is broadly defined as a preventable mistake in healthcare that results in harm to the patient. These errors can occur at any stage of medical treatment, from diagnosis to post-surgical care. Some of the most common types of medical errors include:

  • Misdiagnosis or delayed diagnosis: A failure to properly diagnose a condition in a timely manner can lead to severe complications or death, particularly in urgent medical scenarios.
  • Surgical errors: Mistakes during surgery, such as wrong-site surgery or leaving surgical instruments inside the patient, are some of the most harmful forms of medical malpractice.
  • Medication errors: Incorrect medication prescriptions, dosage errors, or failures to account for dangerous drug interactions can lead to serious harm.
  • Anesthesia mistakes: Errors in administering anesthesia can cause brain injury, cardiac complications, or even death.

Each of these types of errors can form the basis of a military medical malpractice claim, provided they meet the legal criteria for negligence or wrongdoing.

The Military Healthcare System: A Unique Environment

The military healthcare system operates under a different framework than civilian hospitals and clinics, which often complicates medical malpractice cases. Service members typically receive medical care through the Department of Defense (DoD), Veterans Affairs (VA), or military hospitals, and each has distinct policies that influence how medical malpractice claims are handled.

One significant challenge is the Feres Doctrine, a legal principle that prevents active-duty service members from suing the U.S. government for injuries sustained while on duty, including those caused by medical negligence. This doctrine has been a major roadblock for many military personnel seeking compensation for medical errors. However, it does not apply to retirees, veterans, or family members, meaning they may be able to file malpractice claims in certain situations.

Recent changes in the law, specifically the National Defense Authorization Act (NDAA) for Fiscal Year 2020, now allow active-duty service members to file claims for certain medical errors under a new system administered by the DoD. This shift represents a critical development, as it expands legal recourse for those affected by medical errors within the military system.

Proving Medical Malpractice in the Military

To file a successful military medical malpractice claim, the plaintiff must prove several key elements:

  1. Duty of care: The healthcare provider had a duty to provide a standard of care consistent with what a reasonably competent healthcare professional would deliver in a similar situation.
  2. Breach of duty: The healthcare provider failed to meet the accepted standard of care. This could involve a misdiagnosis, a surgical error, or another form of negligence.
  3. Causation: The breach of duty directly caused the patient’s injury or harm. This is often one of the most challenging elements to prove in any medical malpractice claim, as there must be a clear link between the error and the harm suffered.
  4. Damages: The plaintiff must demonstrate that the medical error resulted in specific damages, such as physical injuries, emotional distress, or financial losses.

In military medical malpractice cases, plaintiffs often face the added challenge of navigating complex bureaucratic systems and dealing with strict filing deadlines. For example, a Standard Form 95 (SF-95) must be filed within two years of the medical error for claims involving the U.S. government. Failure to meet these deadlines can result in the dismissal of the claim.

The Impact of Medical Errors on Service Members

For military personnel, the consequences of medical errors can be especially devastating. Many service members rely on the military healthcare system for life-saving treatments, and a preventable error can permanently affect their ability to serve, reduce their quality of life, or lead to premature death.

Additionally, medical errors can have a ripple effect on military families, who may face financial hardships, emotional distress, and the loss of a loved one. For veterans, who may suffer from service-related conditions such as PTSD or combat injuries, medical errors can exacerbate existing health problems, making the road to recovery even more challenging.

Families of deceased service members who fall victim to medical errors may also pursue wrongful death claims. These lawsuits can help cover funeral expenses, loss of income, and emotional suffering.

Legal Options for Military Personnel and Families

Military medical malpractice claims are inherently complex, but service members and their families have legal options to pursue compensation. It’s important to note that not all medical errors result in viable malpractice claims. For a claim to be successful, it must meet the legal standards of negligence, which means showing that the healthcare provider failed to act within the accepted standard of care.

In addition to the newly implemented claim system under the NDAA, service members’ families, retirees, and veterans may file lawsuits under the Federal Tort Claims Act (FTCA). The FTCA allows civilians and certain military personnel to sue the federal government for damages caused by negligence, provided the plaintiff follows strict procedural rules.

However, given the complexity of these cases, it’s crucial to consult with an attorney who specializes in military medical malpractice. These professionals understand the unique nuances of military law, including the Feres Doctrine, FTCA, and NDAA, and can provide invaluable guidance throughout the claims process.

Conclusion

Medical errors in the military healthcare system are a serious issue that can have life-altering consequences for service members and their families. While the Feres Doctrine has long barred many active-duty personnel from pursuing medical malpractice claims, recent changes in the law now offer expanded avenues for justice.

If you or a loved one has suffered due to a medical error in a military facility, it’s essential to understand your rights and the options available to you. Filing a military medical malpractice claim can be a complex and daunting process, but it is often the only way to seek compensation for the damages caused by negligent medical care.


At ForTheMilitary.com, we are committed to helping service members and their families navigate the complexities of military medical malpractice claims. If you believe you have a case, don’t hesitate to contact us for a consultation. Our team of experienced legal professionals will help you understand your rights and guide you through every step of the process to seek the compensation you deserve.

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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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