Military Medical Malpractice Claims

September 30, 2020 | Military Medical Malpractice

The U.S. Department of Defense (DOD) bears responsibility for providing medical care to our troops. However, when military doctors and other military medical providers commit negligent medical errors in treating service members, filing a malpractice claim often isn’t as straightforward as filing a malpractice claim against a private practitioner or healthcare facility.

Previously, service members were unable to file negligence claims against military hospitals and doctors under the Federal Tort Claims Act. This law allows persons injured by the negligence of government employees to file an administrative claim (and potentially a lawsuit later) against the federal government for compensation. However, the National Defense Authorization Act of 2020 now allows service member victims of military medical malpractice to file lawsuits for compensation.

If you have suffered harm due to military medical malpractice, Bertram Law Group wants to help you. You can reach us by phone at (202) 335-0185 or online by filling out a contact form.

Who Can Send the Military Medical Malpractice Claim?

A member of the armed forces who suffers injury due to negligence of a DOD healthcare provider may be entitled to bring a military medical malpractice claim. The claim can be filed either by the service member or by the service member’s legal representative, which can include attorneys or surviving family members if the service member died. Read more on who can file military medical malpractice claims here.

Using Standard Form 95

Claims against the government, including military medical malpractice claims, are usually filed using a Standard Form 95. The Standard Form 95 – Claim for Damage, Injury, or Death requires the claimant to briefly describe the basis of their claim, the nature of their injury or damage, the amount of compensation sought, witnesses to the claim, and any available insurance coverage.

Submitting the Claim to the Right Branch of the Military

Service members are required to submit their military malpractice claims to their branch of service:

  • Army – Claims may be submitted at the Office of the Staff Judge Advocate, with the U.S. Army Claims Service, or to the Center Judge Advocate at the medical facility where your care took place
  • Navy and Marine Corps – Claims may be submitted to the Office of the Judge Advocate General, Tort Claims Unit.
  • Air Force – Claims may be submitted to the Office of the Staff Judge Advocate at your nearest Air Force base, or to the Air Force Legal Operations Agency (AFLOA).

When a service branch receives a claim, it will forward the claim to the Department of Defense for review by the Secretary of Defense.

How Long Do You Have to File an Administrative Claim?

A military medical malpractice claim must be filed within two years of the date on which the negligent care was rendered, or within two years of the date that the service member discovers (or should discover through reasonable diligence) that they have been injured by negligent military medical care.

Contract Bertram Law Group for a Free Consultation

If you or a loved one have been injured by military medical malpractice, learn more about your legal rights and options for seeking compensation for your injuries and losses. Call now for a free, confidential, no-obligation consultation with the medical malpractice attorneys of Bertram Law Group.

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