What Is the Statute of Limitations for Military Medical Malpractice Suits?

Man in military camo looking t tablet with '2 years' on screen

Survivors of negligent care by military medical professionals are just as deserving of justice as those who experience medical malpractice in a civilian setting. 

Negligent care in a military setting is subject to accountability and justice, just like any similar situation. Whether the violation of care happened in any of the 50 United States, in a United States territory such as Guam, or on a United States military base in another country, your military malpractice claim may mean you are entitled to significant compensation.

You may be concerned that suing for military medical malpractice is more complicated than you can handle. By informing yourself of some important information early on and by reaching out to a trusted expert, you can make the decision that is best for you and your loved ones. 

What Is the Statute of Limitations for Military Medical Malpractice?

A statute of limitations is the amount of time a party has to bring a lawsuit. Some fans of legal dramas or true crime might already be familiar with this term as it applies to criminal charges. How often have you heard the district attorney in your favorite television crime drama rush detectives to work faster before the statute of limitations runs out on a cold case? 

The same idea applies to medical malpractice lawsuits. In a lawsuit, the “plaintiff” is the person, or party, who is seeking compensation for the injury caused by a medical professional. In every state and at the federal level, plaintiffs have a certain window of time to file a lawsuit. This is called the statute of limitations, and that time period for military medical malpractice is two years.

Don’t pull out your calendar and start counting backward just yet, though. Calculating the statute of limitations is not as simple as it sounds, which is why speaking to someone who knows the ins and outs of these kinds of cases is so important. 

If you think you might have a military malpractice claim and have questions about the statute of limitations, the best course of action is to speak to an attorney who can provide guidance and support as soon as possible. 

Who Can Sue the Military for Medical Malpractice?

Veterans have long been able to bring suit within the statute of limitations for military medical malpractice, as have the dependents of active-duty and veteran members of the military. 

Active-duty military personnel themselves are a different story. After the SFC Richard Stayskal Military Medical Accountability Act was signed into law on December 20, 2019, active-duty members of the military can file claims for medical malpractice—although only through administrative agency processes, not as a traditional civil lawsuit. The details of the claim determine the exact procedure that must be followed, so it is important to seek guidance as soon as possible.

Unfortunately, sometimes people may not even realize they have been subject to negligent care or may even blame themselves for the consequences. Some common forms of negligent care may be considered simply bad luck by many who have experienced the following:

  • Mismanaged labor and delivery
  • Anesthesia errors
  • Delayed or incorrect diagnosis
  • Delays in treatment 
  • Medication mismanagement
  • Surgical errors or negligence, or unnecessary surgery
  • Postoperative care or hospital discharge errors

We place our lives and well-being in the hands of our medical professionals. When negligent care causes injury, you may find yourself seeking compensation for the pain and suffering, lost wages, and future costs of medical care. That road to recovery, especially in military malpractice cases that have a number of hard-to-understand laws, is easier when you have an experienced team of legal professionals helping you from day one.

Janet, Janet & Suggs has secured justice for service members, veterans, and their families for over 40 years. There are no fees unless your case is won, and we have a proven record of helping medical malpractice victims receive the compensation they need. Filing your claim within the statute of limitations is important, so contact us today for a free, no-obligation consultation to discuss your case.

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