As a servicemen or woman in any government department, you are given certain medical benefits. But what happens when the physician or doctor involved fails to properly diagnose you? Or when the operation is mishandles causing death or serious injury? Under certain situations you are permitted to file a lawsuit against the U.S. Government for your injuries. However, there are certain exceptions. If you need a military medical malpractice attorney as a result malpractice in a military hospital, contact our offices for a free consultation.
Military medical malpractice refers to any type of medical negligence, performed by a military authorized doctor or physician. Malpractice in general refers to a below standard of care provided by the respective professional. When the level of service provided is below the standard level of care, then it will be considered malpractice. If the treating physician was negligent in your care, which subsequently caused injury, then they will be guilty of medical malpractice. However, unlike standard medical malpractice claims, military claims are not subject to the same rules and regulations.
In most situations the Federal Government in which the VA belongs to is immune from lawsuits, under a principal known as sovereign immunity. This principal allows for the government to be sued, ONLY when they give consent. However, dependents and heirs can file a lawsuit so long as it fits into the FTCA guidelines. FTCA or Federal Tort Claim Act is discussed below. There are certain elements to each claim that need to be satisfied in order to be successful.
The Federal Tort Claims Act was established in 1946 in order to compensate those who have been injured by the actions of the Federal Government. This applies anytime you have a claim against a government entity, such as the VA. There are certain guidelines you need to file in order to qualify. These guidelines include:
What are the benefits of filing a claim with the FTCA? There are benefits of filing FTCA claims. Of the benefits two are most important to recognize:
In order to receive compensation under FTCA you must show that the negligence of the government employer was the result of your injury.
Determining whether you have a case requires examination of the facts, but here is checklist of what we look for before making this determination.
Statute of limitations are timing statutes. They set a specific standard of time in which you are permitted to file a claim for damages. In military medical malpractice cases you have 2 years from the date of the incident to file a claim for administrative review. If the administrative review is not successful in securing a settlement, you will need to file a Federal Court complaint within 6 months of the denial.
Not all persons are permitted to file a lawsuit. Under the Federal Tort Claim Act or FTCA, ONLY non-active military personnel are permitted to file suit. Most claims are prevented under the Feres Doctrine -discussed below-however this doctrine is not applicable to dependents of military members.
Dependents include children and spouses. These parties will NOT be barred from bringing a lawsuit for injuries sustained. A spouse will be able to bring a claim for loss of services and so forth. Below is a list of the respective rights of parties who can sue:
Past Settlements for Military Medical Malpractice Claims The following are past verdicts and settlements recovered by attorneys for injuries sustained.
When filing suit under the FTCA you are entitled to damages for non-economic damages, economic damages and future damages. Noneconomic damages are pain and suffering, mental anguish or other injuries which are not financial in nature. Economic damages are the exact opposite. They include medical expenses, loss of income and disability. Future damages are cost of future care. This can be for future loss of earnings, future medical care and any other future medical costs. Cost for Filing a Military Malpractice Claim Our firm works on all military malpractice claims on contingency fees. This means that unless we are successful there is NO fee charged to you. Our fees in these cases are as follows.
A full and detailed explanation of fees will be provided to you during the consultation period. Feel free to ask us any questions.
Locating an attorney who can help you can be a difficult process. Knowing your rights is the most important factor. Many firms are unaware of the intricate details, which require special investigation and discovery. If you have been injured our team at Downtown L.A. Law can help. We have the resources and knowledge to apply in achieving successful results. If you or your loved one has suffered harm from a military malpractice claim contact our offices today at 855-385-2529 for a free consultation. We handle cases across the U.S. Recursos: U.S. Military attempts to block lawsuits
Más de $500 millones recuperados
para nuestros clientes
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