Steps for a Military Medical Malpractice Claim

On Behalf of | Jan 27, 2017 | Federal Tort Claims

If you or a loved one has been injured due to negligence at a VA medical facility or military installation, the way to obtain full and fair compensation for the injury is different than a civilian personal injury or medical malpractice claim.

To sue the government and obtain compensation for your losses, you must take the proper steps under the Federal Tort Claims Act (FTCA).

Filing a notice of claim

This is the first step, which must be done with a form called Standard Form 95. The claim must be filed against the negligent military hospital or medical provider.

A number of things can complicate the filing of this form. Matters to consider may include:

  • Whether the doctor was a government employee or an independent contractor
  • The state where the harm occurred
  • Whether the injury occurred overseas
  • Where the claim is being filed

Time limit for filing an FTCA claim

Generally, for your claim to be successful, you must file it within two years of your discovering the negligence.

Once your notice of claim is filed, the agency will have six months to investigate the claim and offer a settlement. If your claim is denied, you can bring a federal tort claim against the government.

Important to have a military medical malpractice lawyer on your side

Military medical malpractice claims can be extremely complicated, but an attorney with extensive experience in this area of law can guide you through the process and help you obtain full and fair compensation.

Military retirees and dependents of active-duty military personnel may also be entitled to compensation under the FTCA. To learn more, please see our firm’s overview of federal tort claims.