Military members and their families are entitled to competent and appropriate medical care. If you or a loved one has suffered due to medical malpractice in a military or VA medical facility, it is important that you understand the correct procedure for seeking compensation.
The Federal Tort Claims Act allows victims of military medical negligence to file suit against the federal government.
FTCA claims are handled differently than civilian medical malpractice claims.
If you are a retired or non-active military member who has suffered due to a military doctor's negligence, you have two years from the time you discover the injury to file a federal tort claim.
The process starts with an administrative claim (called a Standard Form 95) which is filed against the military hospital or medical provider. The government agency has six months to investigate the claim and offer a settlement.
If the claim is denied, you may bring a claim against the federal government.
The FTCA covers a variety of types of claims for military members and their families.
Like civilian medical malpractice, military medical malpractice takes many forms. Common types of medical malpractice include:
- Surgical errors
- Failure to diagnose cancer
- Failure to diagnose heart disease
- Birth injuries
- Medication errors
Military medical providers are also required to advise with regard to the risk of complications of medical procedures, and failing to secure informed consent from a patient is a form of medical malpractice known as medical battery.
Spouses and dependents of military personnel may also bring FTCA claims for injuries or wrongful death due to military medical negligence.
FTCA cases tend to be complicated, and it is best to have on your side a lawyer with extensive experience in these types of claims.
At the Law Office of Jeffrey C. Anderson, we have more than 35 years of experience in handling medical negligence and injury claims. In fact, our principal attorney was the commanding officer of a medic training company at Fort Sam Houston, and this knowledge of military medicine and procedure benefits our clients.
To learn more, please see our military medical malpractice overview.