Tips for a successful military medical malpractice settlement

On Behalf of | Jan 24, 2024 | Military Medical Malpractice

You’ve devoted your life and your safety to the service of your country. In return, you expect to be treated with fairness and receive what the government has promised you. This includes proper medical care. Yet, even those medical providers who work for the federal government make mistakes. And when they do, you and your family are left to pick up the shattered pieces of your life.

That’s a monumental task given the harm that’s been caused to you, which is why you might want to turn to a medical malpractice claim for help.

When you file a medical malpractice claim, there’s a fair chance that you’re going to find yourself sitting down at a negotiating table to hash out some sort of resolution, thereby negating the need for trial. The promise of quick resolution and the influx of cash might make settlement enticing, but you want to be careful to ensure that the government isn’t taking advantage of you.

What can you do to get the most out of your military medical malpractice case?

When the government comes across aggressively in your medical malpractice case, filed under the Federal Tort Claims Act, you might be afraid to pushback, fearing that the offer is a take it or leave it situation. But that’s not the case. There’s almost always room for negotiation in these cases, which means you need to be ready to push back on the initial lowball offer you receive.

To prepare for this, then, you should do the following:

  • Seek follow up care: You’re likely going to need additional treatment or ongoing care for your medical condition. Be sure to follow your doctor’s recommendations in that regard. That way you create a record of your treatment needs, demonstrate that you’ll adhere to those recommendations, and can provide an estimate of what that care will cost.
  • Know what your claim is worth: The government is going to try to minimize your damages. If you know the true value of your claim, though, then you’ll be in a strong position to push back. Track all your damages, including lost wages, medical expenses, anticipated rehabilitation and care costs, and the negative impact that medical malpractice has caused to your life so that you can persuasively present them during settlement.
  • Understand the risks: Medical malpractice cases aren’t always as straightforward as they initially seem. If there are some key weaknesses to your case, then you’ll want to be cognizant of that going into negotiations so that you don’t push back too hard. If your case is air-tight, on the other hand, then you’ll want to be ready to point out how you’ll win your case at trial if the government doesn’t come closer to your terms of settlement.
  • Be patient: You might be anxious to recover compensation, but obtaining the settlement amount that you want is going to take some time. You shouldn’t seem too eager to resolve your case, and you need to take your time developing the strong legal arguments that position you for success.

Don’t let the government run you over in your medical malpractice case

Even if you’re nervous about taking legal action, you shouldn’t let your concerns show in your medical malpractice case. To alleviate your worries, engage in thorough preparation, gathering the evidence necessary to build a sound case.

If you don’t know where to start in doing that, don’t worry. Help is available. So, consider where you can turn for the support you need so that you can successfully navigate this tough time in your life, coming out on the other side with what you deserve as a valuable protector of our country.