Understanding Compensation in Military Medical Malpractice Cases – 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!
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!

Understanding Compensation in Military Medical Malpractice Cases

When serving in the military, access to quality healthcare is critical for both active-duty service members and their families. Unfortunately, like in any healthcare setting, medical malpractice can occur, sometimes with devastating consequences. Understanding your rights and the potential for compensation in military medical malpractice cases can be a complex journey. In this blog, we’ll break down the essentials of military medical malpractice, explore your legal options, and provide guidance for securing the compensation you or your loved ones may deserve.

What Is Military Medical Malpractice?

Military medical malpractice occurs when a healthcare professional working within the military system fails to meet the accepted standard of care, leading to harm or injury to a patient. Examples include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Prescription medication mistakes
  • Failure to provide timely treatment
  • Birth injuries or complications

Understanding the scope of military medical malpractice is the first step in evaluating whether you may have a case.

Key Legal Frameworks Governing Military Medical Malpractice

The Feres Doctrine and Its Impact

The Feres Doctrine, established in 1950, is a legal precedent that prohibits active-duty service members from suing the federal government for injuries sustained “incident to service,” including medical malpractice. This has long been a controversial policy, as it limits the legal recourse available to military personnel.

The Military Medical Accountability Act

In recent years, the Military Medical Accountability Act of 2019 has provided a pathway for service members to file claims for medical malpractice in limited circumstances. However, these claims must be filed administratively rather than in a traditional court setting.

Differences for Dependents and Retirees

It’s important to note that the Feres Doctrine does not apply to military dependents, retirees, or civilians treated in military healthcare facilities. These individuals may file medical malpractice lawsuits under the Federal Tort Claims Act (FTCA), provided they meet specific procedural requirements.

Types of Compensation Available in Military Medical Malpractice Cases

Compensation in military medical malpractice cases aims to address the physical, emotional, and financial losses caused by the incident. Depending on the specifics of the case, compensation may include:

1. Economic Damages

These cover tangible financial losses such as:

  • Medical expenses (past and future)
  • Lost wages or diminished earning capacity
  • Rehabilitation and therapy costs

2. Non-Economic Damages

Non-economic damages account for the intangible impact of malpractice, including:

  • Pain and suffering
  • Emotional distress
  • Loss of quality of life

3. Wrongful Death Compensation

If medical malpractice results in the death of a loved one, family members may seek compensation for funeral expenses, loss of companionship, and other related damages.

Steps to Pursue a Military Medical Malpractice Claim

Step 1: Determine Eligibility

The first step is determining whether you or your loved one are eligible to file a claim. This depends on factors such as your military status, the circumstances of the malpractice, and the applicable legal framework (e.g., FTCA or the Military Medical Accountability Act).

Step 2: File an Administrative Claim

Under both the FTCA and the Military Medical Accountability Act, you must first file an administrative claim with the appropriate federal agency. This claim must include:

  • A detailed description of the incident
  • The specific harm or injury caused
  • The amount of compensation you are seeking

Step 3: Wait for the Agency’s Response

The federal agency has six months to review and respond to your claim. They may either approve the claim, deny it, or offer a settlement.

Step 4: Consider Filing a Lawsuit

If your administrative claim is denied or if you are unsatisfied with the settlement offer, you may have the option to file a lawsuit in federal court. This step is typically applicable to dependents, retirees, or civilians rather than active-duty service members.

Challenges in Military Medical Malpractice Cases

Proving Negligence

Like any medical malpractice case, proving negligence requires demonstrating that:

  1. A doctor-patient relationship existed.
  2. The healthcare provider breached the standard of care.
  3. This breach directly caused harm or injury.

Navigating Complex Legal Processes

Military medical malpractice cases often involve intricate legal and administrative procedures. Strict filing deadlines and detailed documentation requirements can make the process overwhelming without professional legal guidance.

Why Hiring an Experienced Military Medical Malpractice Attorney Is Crucial

Given the unique legal landscape of military medical malpractice cases, working with an experienced attorney is essential. A skilled lawyer can:

  • Evaluate the strength of your case
  • Help you navigate the administrative claim process
  • Gather evidence and expert testimony
  • Maximize your chances of securing fair compensation

By partnering with an attorney who understands the nuances of military medical malpractice, you can focus on healing while they handle the legal complexities.

Real-Life Example: A Military Family’s Fight for Justice

Consider the case of a military spouse whose newborn suffered severe complications due to a delayed C-section at a military hospital. While the active-duty parent was barred from filing a claim under the Feres Doctrine, the spouse successfully pursued a medical malpractice lawsuit under the FTCA. The compensation they received covered extensive medical treatments, specialized equipment, and ongoing therapy for their child.

This example highlights the importance of understanding your legal rights and the avenues available for seeking justice.

Conclusion:

Navigating a military medical malpractice case can be daunting, but you don’t have to face it alone. Understanding the laws and legal options available is the first step toward securing the compensation you or your loved ones deserve.

If you’ve been affected by medical malpractice in a military setting, don’t wait to take action. Khawam Ripka LLP,here to guide you through every step of the process, from evaluating your case to fighting for the compensation you deserve.

Time is critical in these cases due to strict filing deadlines. Contact us now for a consultation and let us help you on the path to justice.Visit Khawam Ripka LLP to get started.

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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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