Experienced Air Force Medical Malpractice Lawyers
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- Thousands of Lives Changed
Regardless of whether it occurs in a civilian or military hospital, negligent medical care should never be tolerated. The tragic truth, however, is that medical errors are the third-leading cause of death in the United States. Whether it’s a misdiagnosis, incorrect dosage, or surgical mistake, medical malpractice can lead to life-threatening conditions and, in some cases, even death.
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If you are a beneficiary of a member of the Air Force, or retired airman, who was a victim of medical malpractice at a military hospital or clinic, you have a legal right to file suit against the party responsible for your pain and suffering. Keep reading to learn what you need to know about negligence law so that you can pursue the justice and compensation you deserve.
What Is Air Force Medical Malpractice?
Medical malpractice occurs when a physician or hospital fails to treat a patient with the safe, competent care that they are owed, resulting in serious injury or illness. This breach of duty can be committed by a doctor, nurse, pharmacist, hospital, surgical center, or any other healthcare professional or system that provides medical treatment.
Of course, patients who seek medical care are injured or ill to begin with, which means that it can be complicated to pinpoint medical negligence. Medical negligence is defined as healthcare that deviates from generally accepted standards of care and practice—and the responsible healthcare providers may be held liable in a court of law. Some common examples of medical malpractice include:
- Surgical errors or wrong site surgery
- Incorrect medication or dosage
- Failure to diagnose or misdiagnosis
- Misread laboratory results
- Premature discharge
- Disregard of patient medical history
- Labor and delivery negligence
- Post-op and treatment errors
What Do You Need to Prove in an Air Force Medical Malpractice Case?
If you have been seriously injured at the hands of a careless military doctor or healthcare professional, you may be eligible to file a medical malpractice lawsuit. But medical malpractice law is highly regulated and contains laws which vary from state to state, which makes these types of cases extremely difficult to pursue on your own. An experienced medical malpractice attorney will understand the complexities of a law called the Federal Tort Claims Act (FTCA) and will be able to help prove that your case contains the following:
- Duty. The medical professionals you are considering suing were responsible for your or your loved one’s care.
- Breach of duty. For a successful case, you will need to establish that an action or failure to act violated your doctor’s duty of care—also known as negligence. This is what makes a doctor liable for your injuries, and therefore is the most difficult to prove in a court of law. You’ll need to demonstrate that another reasonably competent doctor, under the same circumstances, would not have made the same mistakes that caused your illness or injury.
- Damages. This step requires showing the evidence of how you suffered harm, including physical pain, emotional trauma, additional medical bills, and lost work and/or wages.
- Causation. In the final step, you must show that the harm you suffered was a direct consequence of your doctor’s violation of the duty of care.
How Air Force Malpractice Cases Are Resolved
A military medical malpractice case works a bit differently than traditional medical malpractice claims:
- You need to file your claim within two years of the “discovery” date—the time at which the injury occurred—because there is a two-year statute of limitations for pursuing an Air Force medical malpractice claim under the FTCA.
- You must first file an administrative claim with the proper agency of the United States government. This administrative process requires strict adherence to specific deadlines, using a Standard Form 95 to claim negligence against your doctor and seek damages.
- The agency will have six months to investigate your malpractice claim and may or may not pay compensation. If your claim is denied, or after a period of six months, suit can be filed in federal court pursuant to the FTCA.
In this stage of litigation, your lawyer will help you build your case by gathering all necessary information to establish basic facts and determine a value for your case. This will also include the exchange of depositions (testimonials from you and medical experts) that will help prove the negligence of the doctor or health provider who caused you harm.
Featured Verdicts and Settlements
- $15.1 Million for Mismanaged Delivery: A trial verdict obtained from a federal judge in a Tennessee case against an Army Community Hospital for improper fetal monitoring during delivery, as well as a failure to properly inform the mother of specific risks, which led to her child suffering a hypoxic-ischemic brain injury, which caused cerebral palsy and lifelong neurological deficits.
- $6.5 Million for Mismanaged Delivery: A settlement for a family in Texas whose litigation against an Army Medical Center for their misuse of Pitocin, mismanagement of fetal heart rate patterns, and delay in performing a C-section contributed to their child developing cerebral palsy.
- $11.5 Million for Delayed Resuscitation: A settlement obtained on behalf of a family whose child suffered an acute hypoxic-ischemic brain injury because of delayed resuscitation at a U.S. Naval Hospital in Guam.
A Supportive Legal Team with Military Medical Malpractice Experience
If you are in need of an experienced and compassionate military medical malpractice attorney, you have come to the right place. At Janet, Janet & Suggs, we’ve won millions in settlements for our clients who suffered injury from military medical malpractice. We have dedicated our lives to fighting for these victims, and we’re here to tirelessly pursue the justice you and your family deserve.
Navy veteran Ken Suggs is one the nation’s top Plaintiff’s attorneys. He served as President of the Association of Trial Lawyers of America (now known as American Association for Justice), the leading plaintiff’s bar association.
Giles Manley, MD, is a board-certified physician who practiced medicine for 20 years before becoming a premier medical malpractice attorney.
Andrew Janet is a former Executive Editor of the NYU Law Review who recently called upon his extensive knowledge of the intricacies of FTCA law to help defeat the government’s attempt to avoid liability in a tragic birth injury case on a legal technicality.
The Military Fight for Our Country, and We Fight for Their Legal Rights
If you were a victim of military medical malpractice, you’ve got a tough case that needs the help of a specialized and experienced law firm. At Janet, Janet & Suggs, we’ve been pursuing justice for service members, veterans, and their families for over 40 years. We’re here to help you understand your legal rights and options and fight for the compensation you rightfully deserve.
Contact us today for a free, no-obligation consultation, and we’ll get to work pursuing the best possible recovery for your case.