When Mismanagement of Chronic Conditions Becomes Medical Malpractice – 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!

When Mismanagement of Chronic Conditions Becomes Medical Malpractice
When Mismanagement of Chronic Conditions Becomes Medical Malpractice

Introduction

Chronic conditions are a major concern for many service members, especially those who experience long-term health problems after deployment or during their time in the military. The effective management of these conditions is vital for maintaining quality of life and ensuring that service members can continue their duties. However, when military healthcare providers mismanage chronic conditions, the effects can be devastating.

Mismanagement of chronic conditions—whether through misdiagnosis, delayed treatment, or incorrect medication—can lead to severe complications and permanent disabilities. When this happens, service members may be entitled to seek compensation and justice through legal avenues.

At Khawam Ripka LLP, we specialize in helping military service members navigate the complexities of medical malpractice claims, particularly in cases where chronic conditions have been mismanaged or neglected. In this blog, we’ll explore what constitutes mismanagement of chronic conditions, the legal remedies available to service members, and how our team can help.

Common Chronic Conditions Affected by Medical Mismanagement in the Military

Chronic conditions are long-lasting health problems that can be managed, but not cured. In the military setting, common chronic conditions include:

  • Post-Traumatic Stress Disorder (PTSD)

  • Traumatic Brain Injury (TBI)

  • Diabetes

  • Chronic pain (including back pain and joint problems)

  • Asthma

  • Cardiovascular diseases

  • Arthritis

  • Hypertension

Each of these conditions requires ongoing management and treatment, and any failure to properly address them can have serious consequences. Some examples of mismanagement include:

  • Failure to properly diagnose or treat a condition

  • Delays in providing necessary treatments or medications

  • Incorrect prescriptions or dosage errors

  • Failure to monitor a condition properly, leading to complications

  • Failure to refer to specialists when necessary

When military healthcare providers make errors in the diagnosis or treatment of chronic conditions, service members may experience worsened symptoms, increased pain, disability, and even death.

When Does Mismanagement of Chronic Conditions Become Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. In the context of chronic conditions, mismanagement can take many forms. However, for a claim to qualify as medical malpractice, the following elements must be proven:

1. Duty of Care

The healthcare provider (military doctor, nurse, or other medical professional) has a duty to provide care to the patient based on established standards of practice for treating the condition in question.

2. Breach of Duty

The provider breaches this duty by failing to deliver care that aligns with medical standards. For example, they might misdiagnose the condition, fail to monitor the patient’s progress, or prescribe the wrong treatment.

3. Causation

There must be a clear link between the healthcare provider’s breach of duty and the harm suffered by the service member. This could include worsened symptoms, new complications, or long-term disabilities that were caused directly by the mismanagement.

4. Damages

The service member must show that the mismanagement caused tangible harm, such as physical injury, pain, emotional distress, or financial losses (e.g., lost wages or additional medical expenses).

Legal Options for Service Members Suffering from Chronic Condition Mismanagement

If you believe your chronic condition has been mismanaged while under military healthcare, there are several legal options available to pursue justice and compensation.

1. Filing a Claim Under the Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) allows civilians and military service members to sue the U.S. government for negligence, including medical malpractice. In the case of chronic condition mismanagement, you may be able to file a claim under the FTCA if you can prove that a military healthcare provider’s negligence caused harm.

To file a claim, you must submit a Standard Form 95 (SF-95) to the appropriate government agency within two years of discovering the injury. Your claim must include detailed documentation of the mismanagement, including medical records, expert opinions, and evidence of the resulting harm.

2. Pursuing Compensation Under the Military Claims Act (MCA)

The Military Claims Act (MCA) allows active-duty service members to file claims for injuries caused by military personnel’s negligence, including medical malpractice. This act provides an avenue for claims within the military system but is generally handled administratively, rather than through civil court.

The MCA is subject to strict deadlines and procedural requirements, so it’s crucial to work with an experienced attorney who can guide you through the process.

3. VA Claims for Veterans

Veterans who have received care for chronic conditions through the Department of Veterans Affairs (VA) may be eligible for compensation if their care was mismanaged. The VA provides disability compensation for veterans who suffer from medical conditions resulting from negligence during their time in the military.

Veterans can file claims with the VA to receive compensation for worsening conditions, additional treatments required, or other damages related to the mismanagement of their chronic conditions.

How Khawam Ripka LLP Can Help

At Khawam Ripka LLP, we are committed to helping military service members and their families navigate the complexities of medical malpractice claims, particularly those related to chronic condition mismanagement. We understand the unique challenges service members face, and our team is dedicated to ensuring that your rights are protected.

Our firm offers:

  • Expert legal advice on FTCA, MCA, and VA claims

  • Personalized support to guide you through the claims process

  • Thorough investigation of your medical records and the facts surrounding your case

  • Experienced representation in negotiating settlements or advocating for your case in court

We recognize the importance of holding military healthcare providers accountable for substandard care, and we’re here to help you secure the compensation you deserve for the harm caused by mismanaged chronic conditions.

Contact Khawam Ripka LLP

If you or a loved one has suffered due to the mismanagement of a chronic condition in a military healthcare facility, contact Khawam Ripka LLP today. Our experienced attorneys are ready to discuss your case and help you take the next steps toward justice.

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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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