Compassionate and Aggressive Army Medical Malpractice Lawyers
- 40 Years of Experience
- Over $3 Billion Won for Our Clients
- Thousands of Lives Changed
When patients are injured at the hands of careless or negligent civilian medical providers, they can typically sue those responsible for their pain and suffering. Many people mistakenly believe that the federal government is protected from tort action entirely, which would mean that military medical personnel could never be sued for malpractice.
However, spouses and other dependents of military personnel are eligible to sue a military doctor—and they have done so successfully many times. If you have suffered injury because of a military doctor’s negligence, you deserve justice.
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What Is Army Medical Malpractice?
When it comes to what constitutes negligence, military medical malpractice is not much different than other medical malpractice. Simply put, military medical malpractice refers to any negligent action of a military physician, medic, nurse, or hospital that results in injury or death. Some common examples of army medical malpractice include:
- Failure to take appropriate actions in response to health risks
- Failure to diagnose or misdiagnosis
- Incorrect medication or dosage
- Misreading laboratory results
- Unnecessary surgery
- Surgical errors or wrong site surgery
- Premature discharge
- Disregard of patient medical history
- Poor follow-up aftercare
The main difference between a civilian medical malpractice case and a military medical malpractice case is who can sue for their injuries. Military facilities such as VA hospitals are considered federal agencies, and a doctrine called “sovereign immunity” prevents soldiers from suing the U.S. government for the actions of federal employees. However, the Federal Tort Claims Act (FTCA) is an exception to sovereign immunity that allows their dependents to sue the federal government for personal injuries in certain circumstances.
What Do You Need to Prove in an Army Medical Malpractice Case?
In any medical negligence case, you hold the burden to prove that a doctor or physician is liable for the injury and associated damages you suffered. An experienced attorney will help prove the following:
- A doctor-patient relationship existed. This is referred to as the “duty” of the doctor or physician you are pursuing the claim against. In order to win, you must show that the doctor accepted the responsibility of providing safe medical care during your visits and/or treatments, thus establishing a doctor-patient relationship.
- The doctor was negligent. Just because you are unsatisfied with your results or treatment does not mean that a physician is liable for medical malpractice. You must be able to prove that the doctor caused you harm that another reasonably competent doctor, under the same circumstances, would not have. This is most often the focus of a medical malpractice claim, and it will most likely require a medical expert to explain the medical standard of care to show how your doctor did or did not deviate from that standard.
- The doctor’s negligence caused harm. Some malpractice cases involve patients who were already injured or sick, which can complicate the question of whether or not a doctor should be held responsible for the harm. With the help of an experienced military medical malpractice lawyer, you would need to establish some degree of causation of damages that resulted from the medical error. You will also need to demonstrate evidence of all damages, including physical pain, emotional trauma, additional medical bills, and lost work and/or earning capacity.
How Are Military Medical Malpractice Cases Resolved?
Medical malpractice law is highly regulated by a complex body of rules that vary from state to state, which makes it extremely difficult to pursue on your own.
- A military medical malpractice claim must be brought before the Department of Defense, either by you or by your legal representative.
- That there is a statute of limitations for pursuing an army medical malpractice claim under the FTCA. These claims must be filed within two years of the “discovery” date—the time at which the injury occurred. military medical malpractice lawsuit involves filling out a Standard Form 95, with which you claim negligence against your doctor and seek damages. Once your notice of claim has been filed, the agency will have six months to investigate the claim, and you will be expected to work alongside them with the goal of resolution.
- If your claim is denied, your Army malpractice lawyer can help you bring a federal tort claim against the government.
Thanks to the SFC Richard Stayskal Military Medical Accountability Act, active duty victims of medical malpractice can now bring administrative claims for compensation for their injuries.
Your lawyer will help you build your case by gathering all medical records, hospital bills, and related evidence 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 negligence against the doctor or health provider who caused you harm. If necessary, the case will go to trial, where a judge and jury will make a decision on the case.
Fighting to Secure Record-Breaking Military Medical Malpractice Verdicts
Just as the military has dedicated their lives to our country, we’ve dedicated our lives to helping our veterans when they need it most. At Janet, Janet & Suggs, we’ve been pursuing justice for service members, veterans, and their families for over 40 years.
- $15.1 Million for Mismanaged Delivery: A trial award by a Tennessee federal judge against an Army Community Hospital whose improper fetal monitoring during delivery—and failure to properly inform the mother of specific risks—led to her child suffering hypoxic-ischemic brain injury, causing cerebral palsy and resulting in lifelong neurological deficits.
- $13 Million for Poor Post-Operative Care: A settlement in Hawaii in a case against a U.S. government-employed healthcare provider whose poor post-operative care resulted in brain damage and cerebral palsy.
- $11.5 Million for Delayed Resuscitation: A settlement obtained on behalf of a family whose child suffered delayed resuscitation at a U.S. Naval Hospital in Guam, resulting in acute hypoxic-ischemic brain injury.
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 more than $50 million 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 of Justice), the leading plaintiff’s bar association.
Giles Manley, MD, JD 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.
Natalie D’Antonio, a tough and seasoned former government lawyer, uses her insight into how the government handles lawsuits to tirelessly advocate for women and children harmed by the negligence of others.