We Are Navy Medical Malpractice Lawyers
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- Thousands of Lives Changed
Our military personnel play a vital role in protecting our country and, just like every other citizen, they and their families have a right to safe and competent medical treatment. But the truth is that military spouses and other dependents are no less likely to be the victim of medical negligence than any other patient.
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If you are a Naval dependent or veteran and suffered an injury due to the negligence of a Department of Defense healthcare provider, then you may be eligible to pursue a military medical malpractice claim. Here, we cover what you need to know about medical malpractice, and how a military malpractice lawyer can help ensure the best outcome for your case.
What Is Navy Medical Malpractice?
What constitutes medical malpractice is usually no different in a military or VA hospital than in a traditional medical setting. Medical negligence occurs when a patient is harmed by a careless physician or medical professional who fails to deliver safe, competent treatment. However, the difference in a military medical malpractice case is that the lawsuit is filed against the government rather than the doctor or hospital who committed the negligence.
Instead of taking on the insurance company of the negligent medical provider—as would happen in a civilian case—a Navy malpractice victim must begin with an administrative review process called a Federal Tort Claim. This is the law that allows military dependents and veterans to sue the federal government for personal injuries. Some common examples of military medical malpractice include:
- Failure to diagnose or misdiagnosis
- Incorrect medication or dosage
- Anesthesia errors
- Misread laboratory results
- Unnecessary surgery
- Surgical errors or wrong site surgery
- Premature discharge
- Disregard of patient medical history
- Post-op and treatment errors
- Labor and delivery negligence
What Do You Need to Prove in a Navy Medical Malpractice Case?
If you have been seriously injured at the hands of a careless doctor or healthcare professional, you may be eligible to file a medical malpractice lawsuit. To be successful, you will need to demonstrate that the doctor is liable for the injury and associated damages you suffered. Because medical malpractice law is highly complex, especially when the federal government is the defendant, these cases are extremely difficult to pursue on your own.
That’s why it’s in your best interest to seek representation from an experienced military malpractice lawyer who can help seek the full amount of compensation you deserve. An experienced military malpractice attorney will understand the complexities of the Federal Tort Claims Act and will be able to help prove that your case contains the following
- Duty. This refers to the relationship between you and your doctor, as well as the doctor’s responsibility for safe medical care during labor and delivery.
- Breach of duty. In order to win a medical malpractice case, you will need to establish that your doctor violated the established standard of care. You’ll also need to prove that another reasonably competent doctor, under the same circumstances, would not have made the same mistakes that caused your injury or illness.
- Damages. Here, you’ll need to demonstrate how you suffered unmistakable harm. You will also need to show evidence of all damages, including physical pain, emotional trauma, additional medical bills, and lost work and/or wages.
- Causation. To be successful in your medical malpractice lawsuit, you and your lawyer will need to prove that it is “more likely than not” that the doctor’s negligence caused your injury.
How Are Military Medical Malpractice Cases Resolved?
When you file a military medical malpractice claim, a Form 95 must be completed and served on the branch that employed the physician or medical personnel involved, and others. Rather than immediately filing a lawsuit, federal law requires you to begin with an administrative claim. At this stage, the government has the opportunity to review the claim and either try to settle the claim or reject it. After your claim is rejected, or after six months from the date on which it was served, you can then file a lawsuit in federal court. The case will be tried in front a federal judge. The law does not permit a jury trial.
It’s important to know that there is a statute of limitations for pursuing a navy 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. Should your claim be denied, a Navy malpractice lawyer can help you file a federal tort claim against the government. As a result of the SFC Richard Stayskal Military Medical Accountability Act, active duty victims of medical malpractice can now bring administrative claims for compensation for their injuries, but still cannot file a lawsuit.
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.
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.
Military Malpractice Lawyers Dedicated to Your Case
Navigating these kinds of lawsuits requires extensive knowledge of the complex laws that govern military medical malpractice and the resources to take on tough cases. If you’ve suffered a serious injury related to a Department of Defense healthcare provider’s violation of the duty of care, you may have a right to pursue a medical malpractice lawsuit.
Janet, Janet & Suggs is a nationally recognized firm known for taking on tough cases. We’ve secured over $3 billion in settlements for our clients—and we’re here to fight for the answers and compensation military families deserve. Contact us today for a free, no-obligation consultation to discuss JJS serving as counsel for your malpractice case.