When a Routine Checkup Turns Harmful: Legal Rights for Service Members – 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!

When a Routine Checkup Turns Harmful: Legal Rights for Service Members
When a Routine Checkup Turns Harmful: Legal Rights for Service Members

Military life is structured around routine—routine training, routine assignments, and routine medical checkups. These regular exams are meant to monitor health, ensure fitness for duty, and identify potential problems early. But what happens when a routine visit to a military clinic or hospital causes unexpected harm?

At Khawam Ripka LLP, we represent service members and their families in military medical malpractice cases. If you’ve suffered an injury due to negligent care during a routine checkup, you may have legal remedies—even if you’re still on active duty.

What Is Considered a Routine Checkup in the Military?

Routine checkups in the military setting are designed to keep service members healthy and operational. These appointments may include:

  • Annual physicals

  • Pre-deployment health screenings

  • Vaccinations and lab work

  • Wellness checks and mental health evaluations

  • Post-deployment assessments

  • Pediatric checkups for dependent children

While these procedures are typically non-invasive and low-risk, negligence can turn them into life-altering events.

Common Injuries from Routine Military Medical Care

Even a standard exam can result in harm when conducted carelessly. Examples include:

  • Infections from improperly sterilized equipment

  • Adverse reactions from misadministered vaccines

  • Undiagnosed conditions due to rushed or negligent evaluation

  • Injury during blood draws or physical manipulation

  • Emotional distress from mishandled mental health assessments

  • Birth control or contraceptive counseling errors

  • Delayed treatment due to miscommunication or administrative mistakes

If you experienced any of these or similar outcomes, it could be a sign of medical malpractice.

Legal Standards: When Does a Routine Checkup Become Malpractice?

For a routine checkup injury to qualify as medical malpractice, the following elements must generally be proven:

  1. Duty of Care
     The military medical provider had a legal obligation to treat you with an acceptable standard of care.

  2. Breach of Duty
     The provider failed to meet that standard through action or omission.

  3. Causation
     That failure directly caused or worsened your injury.

  4. Damages
     You suffered physical, emotional, or financial harm as a result.

Routine exams are no exception. Even the most basic evaluation must be handled with diligence and professionalism.

What Legal Options Do You Have?

Your legal options vary depending on your duty status and whether you were treated at a military facility. Here’s how it breaks down:

Active-Duty Service Members

You may be limited by the Feres Doctrine, which bars lawsuits for injuries “incident to service.” However, the 2020 NDAA reforms allow you to file an administrative claim through the Department of Defense.

Key points:

  • File using Standard Form 95

  • Must file within two years of injury or discovery

  • Compensation is awarded administratively (no jury trial)

Military Dependents and Retirees

You have broader access to legal remedies under the Federal Tort Claims Act (FTCA). This allows you to:

  • File a claim against the federal government

  • Proceed to civil court if the claim is denied

  • Seek compensation for both economic and non-economic damages

Veterans Receiving VA Care

Veterans injured due to VA medical malpractice can also pursue a claim under the FTCA. These cases often involve routine care provided after separation from active duty.

How to Prove Malpractice in a Routine Setting

Because routine exams don’t usually raise red flags, proving malpractice can be challenging. You’ll need:

  • Detailed medical records showing what should have been done vs. what happened

  • Expert medical opinions to establish the standard of care

  • Documented symptoms and effects of the injury

  • Timeline of events that clearly connects the dots

Working with a military medical malpractice attorney like those at Khawam Ripka LLP ensures your case is presented thoroughly and effectively.

Real-Life Scenarios We’ve Handled

We’ve represented service members and families in many routine care cases, such as:

  • A young airman whose cancer went undiagnosed during a yearly physical

  • A military spouse given the wrong dosage of medication during a prenatal checkup

  • A child who developed a permanent injury after receiving expired vaccines at a base clinic

  • An NCO whose mobility was compromised due to a botched diagnostic exam

Each of these cases involved negligence during seemingly simple care—and each deserved justice.

Tips for Service Members After a Harmful Checkup

If you suspect malpractice after a routine visit:

  1. Request Your Medical Records Immediately
     Military facilities are required to provide them upon request.

  2. Keep a Personal Journal of Symptoms
     Note physical or emotional changes that may be related.

  3. Report the Incident Through Appropriate Channels
     Use the base’s patient advocate or inspector general (IG) if necessary.

  4. Contact a Qualified Attorney
     A law firm that focuses on military malpractice is best equipped to guide you.

Why Khawam Ripka LLP?

We specialize in representing active-duty service members, veterans, dependents, and military retirees harmed by negligent care. Our team:

  • Understands military healthcare systems

  • Navigates FTCA and DoD claims expertly

  • Offers compassionate representation from first call to final result

We don’t just handle your case—we fight for the accountability you deserve.

Internal Links for Continued Reading

  • How Military Medical Malpractice Differs from Civilian Medical Malpractice

  • Filing a Military Medical Malpractice Claim While on Active Duty

  • Understanding Military Medical Malpractice Under the Federal Tort Claims Act

Routine Care Should Never Lead to Lifelong Consequences
 If you’ve been hurt by negligent military medical care, don’t wait. Contact Khawam Ripka LLP today for a confidential, no-cost consultation. Let us help you hold negligent providers accountable and secure the compensation you need to move forward.

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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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