Routine checkups are supposed to be uneventful—simple check-ins to ensure a service member’s health is in order. But what happens when that checkup results in lasting harm? For thousands of service members and veterans, what should have been a routine visit becomes a life-altering ordeal due to medical negligence or preventable error.

When that trust is broken, it’s more than just a personal betrayal—it’s a violation of the standards and duty of care that military medical professionals are sworn to uphold. Knowing your rights after such an incident is not just smart—it’s essential.

When Routine Becomes Risky

The structure of military life places significant reliance on the integrity of its healthcare system. Unlike civilians, active-duty service members cannot simply choose another provider or switch hospitals. They rely on the military’s healthcare system for everything from preventive care to surgery.

That’s why mistakes in diagnosis, delayed treatment, or surgical errors during these checkups can have devastating effects—not just physically, but emotionally and professionally. And too often, those harmed are left wondering whether they have any legal recourse at all.

Why Military Medical Malpractice Is So Complex

Military medical malpractice operates under a different set of rules than civilian malpractice. While a civilian patient might file a lawsuit against a negligent hospital or doctor, service members face unique legal barriers.

The Feres Doctrine

Since 1950, the Feres Doctrine has prevented active-duty military personnel from suing the federal government for injuries “incident to service,” including medical malpractice. This means that if you’re harmed during a checkup or surgery on base, your ability to seek compensation in a court of law is often limited.

But that doesn’t mean there’s no hope.

Legal Shifts: The 2019 NDAA

In a landmark change, the 2019 National Defense Authorization Act created a path for active-duty service members to file administrative claims for medical malpractice. While this isn’t a full repeal of the Feres Doctrine, it’s a vital step forward. Service members now have a way to pursue compensation—even if it still lacks the transparency of a courtroom trial.

Veterans, retirees, and family members are not subject to the same limitations and may be able to file claims under the Federal Tort Claims Act (FTCA).

Recognizing Medical Negligence

How do you know if your routine checkup crossed the line from human error to malpractice?

Malpractice involves a failure to meet the accepted standard of care. In military settings, this could include:

• Misdiagnosis of serious conditions such as cancer, heart disease, or infection 
• Medication errors leading to harmful side effects or interactions 
• Surgical mistakes 
• Delayed treatment despite obvious symptoms 
• Failure to follow up on abnormal test results 

If you or someone you love has experienced symptoms that worsened due to these oversights, you may have grounds to file a legal claim.

Steps to Take If You Suspect Malpractice

Time is critical in medical malpractice cases. Delays not only weaken evidence but may also disqualify you from filing under strict legal deadlines. Here’s what you should do:

Document Everything

Start with the facts. Request your complete medical records, note the timeline of visits, symptoms, and any communications with providers. Save prescriptions, discharge instructions, and emails—these will help paint a full picture of your experience.

Seek a Second Opinion

A civilian specialist can offer a fresh, unbiased perspective. If another provider confirms that your care fell below accepted standards, this adds weight to your claim.

File an Official Complaint

Whether you’re active-duty or a dependent, file a report with the medical facility’s patient advocate or risk management office. This creates a formal record and may trigger an internal review.

Contact a Military Malpractice Attorney

These cases are too complex to handle alone. A specialized attorney understands the differences between FTCA claims, administrative processes, and the military legal system. They can help determine eligibility, gather expert testimony, and file the necessary forms on your behalf.

Legal Avenues for Compensation

Depending on your status—active-duty, retiree, or family member—you may have different paths to justice.

Under the Federal Tort Claims Act (FTCA)

• You must file within two years of the incident. 
• Use Standard Form 95 (SF-95) and submit it to the appropriate agency. 
• Claims undergo an administrative review before they can proceed to court (if applicable). 

Under the NDAA (for Active-Duty)

• File your claim directly with the Department of Defense. 
• The claim is reviewed administratively. 
• The process allows for compensation but does not include a trial or discovery. 

Both options may offer compensation for:

• Medical expenses 
• Lost wages or retirement benefits 
• Pain and suffering 
• Future care needs 
• Wrongful death (in tragic cases) 

Challenges in Proving Malpractice

One of the biggest hurdles is proving causation—that the medical error directly caused your harm. This often requires:

• Medical expert testimony 
• A thorough review of records 
• A demonstrated breach of the duty of care 

Your legal team will need to show that not only did the provider act negligently but that this negligence caused avoidable injury.

Common Misunderstandings

Many service members believe they “signed away” their rights or that military doctors are protected from accountability. While certain doctrines limit lawsuits, administrative remedies still exist. Moreover, filing a claim doesn’t just serve your interests—it helps improve accountability within the military healthcare system.

Another myth? That filing a claim might hurt your career. Claims filed properly through legal channels are confidential and do not impact your military standing.

A Case Worth Fighting For

Imagine this: a Navy corpsman goes in for a routine knee check after a training injury. The provider misdiagnoses it as a sprain. Weeks later, the untreated ligament tear requires complex surgery, leading to permanent damage. If he had known his rights early on, he could have documented everything, filed a claim under the NDAA, and received both compensation and acknowledgment.

His story isn’t unique—but yours can be different if you act fast and act smart.

Conclusion: 

Harm during a routine checkup is more than a medical mistake—it’s a betrayal of trust. But even within the complexities of the military system, your legal rights do exist. Whether you’re an active-duty member or a veteran, you shouldn’t suffer in silence.

If you or a loved one has suffered due to medical malpractice in the military, don’t wait.

 Contact Ripka Kelly LLP today to schedule your consultation. Our experienced legal team is dedicated to helping service members understand their rights and get the justice they deserve.

Your health. Your future. Your fight.