What to Expect When Filing a Military Medical Malpractice Lawsuit – 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!

What to Expect When Filing a Military Medical Malpractice Lawsuit

Filing a military medical malpractice lawsuit can be a daunting and complex process, especially for those unfamiliar with the legal nuances associated with military healthcare systems. Military personnel and their families put their trust in the hands of military doctors and medical professionals, expecting the same standard of care as any civilian would receive. However, when medical errors occur, the consequences can be devastating, leading to long-term injuries, illnesses, or even death. Understanding what to expect when pursuing a medical malpractice claim within the military system can help you navigate this intricate legal path.

What Is Military Medical Malpractice?

Military medical malpractice refers to negligence or substandard care provided by a medical professional working for the U.S. government in a military facility. Unlike civilian malpractice cases, these lawsuits fall under a unique legal framework. For many years, active-duty military personnel could not sue for medical malpractice under the Feres Doctrine, which prohibited military members from bringing claims against the federal government for injuries related to their service. However, in 2019, the National Defense Authorization Act (NDAA) introduced changes, allowing active-duty personnel to file claims for medical malpractice in certain circumstances. Dependents and veterans have also always had the option to file lawsuits for negligence.

Initial Steps: Gathering Evidence and Filing a Claim

The first step in filing a military medical malpractice lawsuit is gathering evidence. To build a strong case, you must collect medical records, treatment details, and any documentation related to the malpractice. Consulting a qualified medical malpractice attorney, particularly one experienced in handling military cases, is essential. They can help you obtain the necessary medical records and provide guidance on how to proceed.

Key Evidence to Collect:

  • Medical records detailing the treatment
  • Expert testimony from medical professionals
  • Witness statements
  • Photos or videos documenting the injury

Once sufficient evidence is collected, the next step is to file an administrative claim with the Department of Defense. This is a crucial aspect of military medical malpractice lawsuits because, unlike civilian cases, military medical malpractice claims must go through this administrative process first. The statute of limitations for filing these claims is generally two years from the date of the injury or when the injury was discovered, so it’s vital to act promptly.

Administrative Process and Investigation

After submitting the administrative claim, the Department of Defense will review your case and conduct an investigation. This is a critical stage, as it determines whether your claim will proceed to litigation. The department will assess the merit of your case, review the evidence, and consult medical experts to determine if malpractice occurred.

During this investigation, the government may offer a settlement if they find sufficient evidence to support your claim. A settlement offer is an alternative to going to trial and can provide compensation without the need for a lengthy legal battle. However, it’s essential to consult with your attorney before accepting any offer to ensure it’s fair and adequately covers your damages.

If the government denies your claim or offers an unsatisfactory settlement, your attorney can help you move forward by filing a lawsuit in federal court.

Filing a Lawsuit in Federal Court

If your case doesn’t settle during the administrative phase, you may proceed with filing a lawsuit in federal court. Unlike civilian medical malpractice cases, military cases often involve the Federal Tort Claims Act (FTCA). The FTCA allows individuals to sue the U.S. government for negligence or wrongful acts committed by its employees, including military medical professionals.

Filing a lawsuit under the FTCA follows a formal legal process:

  1. Complaint: Your attorney will file a complaint in federal court, outlining your allegations, the negligence that occurred, and the damages you’re seeking.
  2. Discovery: During discovery, both sides exchange evidence, including medical records, expert witness testimonies, and other documents relevant to the case.
  3. Depositions: You, your attorney, and witnesses may be asked to give depositions, which are sworn statements used as evidence.
  4. Trial or Settlement: The case may either go to trial, where a judge or jury will hear arguments and make a decision, or it may be resolved through a settlement at any point during the proceedings.

How Long Does the Process Take?


Military medical malpractice cases often take longer than civilian cases due to the complexities involved in dealing with the federal government. The administrative process alone can take several months, and if the case proceeds to trial, it could take a few years to resolve. Patience and persistence are essential.

Damages in Military Medical Malpractice Lawsuits

If you succeed in your military medical malpractice lawsuit, you may be entitled to various forms of compensation, also known as “damages.” These damages are intended to cover the physical, emotional, and financial consequences of the medical malpractice.

Types of Damages:

  • Medical Expenses: Compensation for past and future medical bills, including surgeries, treatments, and rehabilitation costs.
  • Lost Wages: If your injury caused you to miss work or will affect your future earning capacity, you could be compensated for lost income.
  • Pain and Suffering: Non-economic damages meant to compensate for the physical pain and emotional distress caused by the malpractice.
  • Loss of Enjoyment of Life: If the malpractice has diminished your ability to enjoy everyday activities, you may be compensated for this loss.

It’s crucial to work with an experienced attorney who understands how to calculate and pursue the full range of damages you may be entitled to.

Common Challenges in Military Medical Malpractice Cases

Military medical malpractice cases come with unique challenges that are not present in civilian cases. Understanding these challenges can help manage expectations and avoid surprises.

  1. The Feres Doctrine: While the NDAA has made it possible for active-duty personnel to file claims, the Feres Doctrine still limits many cases. Claims directly related to combat operations or training injuries may still be barred.
  2. Complex Administrative Process: The administrative process is more involved and requires additional time compared to civilian malpractice cases.
  3. Limited Access to Evidence: In some cases, gathering evidence can be more difficult because military medical records are often handled differently than civilian records.

Working with a skilled military medical malpractice attorney is the best way to navigate these challenges successfully.

Conclusion

Filing a military medical malpractice lawsuit is a complicated process that involves navigating both military and federal legal systems. By understanding what to expect—from gathering evidence and filing an administrative claim to pursuing a lawsuit in federal court—you can better prepare for the journey ahead. Although the process can be time-consuming, the outcome can provide the compensation and justice you deserve for the harm caused by medical negligence.

If you or a loved one has been the victim of military medical malpractice, don’t wait. Contact us today at forthemilitary.com today to discuss your case and explore your legal options. Taking action now can make all the difference in protecting your rights and securing the compensation you deserve.

Follow Us

Linkedin Facebook-f Instagram Twitter

More Post

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.

CONTACT US

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.