{"id":10954,"date":"2012-12-21T17:46:29","date_gmt":"2012-12-22T01:46:29","guid":{"rendered":"https:\/\/downtownlalaw.com\/?page_id=10954"},"modified":"2026-06-14T17:21:25","modified_gmt":"2026-06-14T17:21:25","slug":"military-medical-malpractice-attorney","status":"publish","type":"page","link":"https:\/\/downtownlalaw.com\/es\/practice-areas\/medical-malpractice\/military-medical-malpractice-attorney\/","title":{"rendered":"Abogado de negligencia m\u00e9dica militar"},"content":{"rendered":"

Military Medical Malpractice Attorney<\/h1>\n
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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<\/a>? 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 nee<\/strong>d a military medical malpractice attorney as a result malpractice in a military hospital, contact our offices for a free consultation.<\/strong><\/p>\n

What is Military Medical Malpractice?<\/h2>\n

Military medical malpractice refers to any type of medical negligence,<\/a> 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<\/a>, 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<\/a> are not subject to the same rules and regulations.<\/p>\n

Suing the VA for Military Medical Malpractice<\/h2>\n

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.<\/p>\n

What is the FTCA?<\/h3>\n

The Federal Tort Claims Act was established in 1946 in order to compensate those who have been injured by the actions<\/a> 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:<\/p>\n

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  1. Your claim must seek money damages for injuries sustained.<\/li>\n
  2. Damages must result from injury or death or loss of property due to the negligence of a government employee.<\/li>\n
  3. Who was furthering their duties as a government employee; and<\/li>\n
  4. Where the U.S. would be held accountable had they been a private person.<\/li>\n<\/ol>\n

    Benefits of Filing a FTCA Claim<\/h3>\n

    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:<\/p>\n

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    1. No cap or limit on damages. Unlike most medical malpractice claims, there is a cap on damages, but with FTCA claims for medical malpractice at the VA no cap or ceiling exist, which allow you to have multimillion dollar judgments.<\/li>\n
    2. There are both administrative and judicial remedies. This allows for remedies without filing a lawsuit. If the administrative parties receive and accept this case, then there is no need to file a lawsuit. But if the claim is denied, then you will have a judicial remedy. Judicial remedies are those which seek redress from the courts.<\/li>\n<\/ol>\n

      In order to receive compensation under FTCA you must show that the negligence of the government employer was the result of your injury.<\/p>\n

      Do I Have Military Medical Malpractice Case?<\/h2>\n

      Determining whether you have a case requires examination of the facts, but here is checklist of what we look for before making this determination.<\/p>\n