Anyone’s health should be of the utmost priority in any situation involving a care provider. Unfortunately, this isn’t always the case – especially when it comes to members of the military, their spouse, and their dependents.
So if you’re currently in this situation – you’ve come to the right place. We’ll be going over everything you should know about Military Medical Malpractice so that your next move is the right one.
What is Military Medical Malpractice?
First things first – what is Military Medical Malpractice? It’s important to fully grasp what the term actually means before going forward.
Military Medical Malpractice pertains to anyone who has suffered an illness or injury at the hands of their practitioner. Of course, you do have to meet certain criteria – which will we discuss later on.
After recognizing this malpractice, you would have to get your documents in order to file a lawsuit. This lawsuit would essentially be against the federal government as they are the ones responsible for Military or Veteran hospitals or health care centers.
Do You Qualify to File a Claim?
Common Malpractice claims focus on injuries and illnesses like:
- Misdiagnosis
- Insufficient prenatal care
- Wrongful prescriptions
- Anesthesia Abuse
- Surgical Issues
- Infection
- Brain Damage
- Death
You’re probably wondering whether not the position you qualify for this lawsuit. While there are plenty of laws when it comes to this topic, the professionals of this site say, “Military family members and non-active duty members have a right to hold the U.S. government accountable for medical malpractice.” That’s right – active Military members are held back from getting this opportunity until their service has ended.
This is because of the Feres Doctrine statute. The law prohibits active members from filing any lawsuit against the federal government no matter if their practitioners are fully at fault for their injuries or illness.
The Law also prevents the family members of deceased Military members from putting together a wrongful death file.
However, a military member being active does not affect the eligibility of a spouse or their children from filing for their hardship. This in turn may allow for the military member to actually claim emotional distress in some cases.
There is also another exclusion called, foreign country, that disallows military members to claim malpractice if their injury or illness occurs outside of the United States.
Another restriction to filing a Military Malpractice is a term the government uses – sovereign immunity. This prevents patients from filing a lawsuit if the doctor or practitioner they deem in malpractice is a private contractor. Meaning they are not funded by the federal government.
It’s also important to know the time period for which a Military Member or their dependents is eligible. According to the federal government, the member must claim malpractice no more than two years after learning about their diagnosis.
If the practitioner at fault doesn’t respond to the claim either by settling it or deciding on another course of action that means it’s been rejected. That essentially means it’s time to file a lawsuit and get prepped for court.
Now that we’ve gone over the logistics of who is eligible for filing a lawsuit and when to do it, you’re probably wondering ‘what’s next?’
How To Find The Best Lawyer
Things can get kind of murky when dealing with malpractice claims and lawsuits and it’s always best to hire a professional to get you through it all. So how would you go about hiring a perfect lawyer for the job?
The number one trait to look for in your attorney would be someone with experience in the area of Malpractice – especially Military Malpractice. This will make the process even more smooth as you’ll be confident – and they’ll be confident in the steps they take to get your claim rectified.
You can assure your lawyer has experienced by visiting one of the many services and agencies that specialize in lawyers qualified for Military Medical Malpractice.
There are generally three different claims:
- General Damages: Harm that focuses on the loss of quality of life either due to your injuries or the injury or death of your spouse or dependant.
- Economic Damages: Harm that’s been done to your financial situation due to a malpractice situation.
- Future Damages: A look into the future strain your emotional and financial health will take due to malpractice.
Filing for Military Medical Malpractice definitely isn’t a walk in the park, but by doing your research and seeking the right professional help you can get the compensation you deserve. Don’t let your ignorance in these legal matters prevent you from getting justice. Best of Luck!
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