Military Birth Injury Lawsuits

January 8, 2021 | Birth Injury

Military birth injury lawsuits involve complex federal laws and medical malpractice principles. The injury team at Bertram Law Group has prepared this guide to explain what you need to know about these types of cases.

Contact our experienced military birth injury attorneys to find out how we can help you pursue a military hospital birth injury lawsuit. The consultation is free and confidential.

Can I Sue a Military Hospital for a Birth Injury?

If the hospital where your baby suffered a birth injury is a Veterans Administration hospital, a military facility, or a federally funded clinic, complex federal laws will most likely apply.

These laws affect whether you can bypass governmental immunity and sue the federal government. Generally, you can sue in this circumstance if:

  • The person who was injured is not active military personnel. For example, if you are a military member and your civilian wife was injured or your child was injured, you can usually sue.
  • The party responsible for hurting you was a federal employee and not a private contractor.
  • The negligence that caused the injury was within the scope of the federal employee’s job.

Federal laws require you to file your claim within two years of the injury. There are also special filing requirements, such as the completion of a Standard Form 95.

The medical facility responsible for your injury has six months to review your claim and determine whether to pay your claim in full, settle it for a negotiated amount, or deny it. If your claim is denied, you must file a lawsuit in federal court within six months of the denial or your claim will likely be permanently barred.

Birth Injuries that May Qualify for a Military Birth Injury Lawsuit

When a doctor’s treatment falls below the standard of care, they can cause serious birth injuries that have long-lasting effects, such as:

These and other injuries can be caused when doctors make mistakes such as:

  • Failing to timely identify fetal distress or oxygen deprivation
  • Failing to identify and plan for high-risk deliveries
  • Failing to timely deliver a baby via cesarean section
  • Failing to diagnose preterm labor
  • Failing to diagnose or treat the mother’s health condition
  • Failing to recognize umbilical cord problems
  • Failing to diagnose or prevent preterm birth
  • Making medication errors
  • Not properly using forceps or vacuum extraction when necessary

Why Medical Experts and Expert Witnesses Matter in a Birth Injury Lawsuit

When considering what led to a military birth injury, it is usually necessary to hire a medical expert who can review the circumstances surrounding your pregnancy, labor, and delivery. This helps them determine:

  • How the injury occurred – The core of a military hospital birth injury lawsuit is identifying how the injury occurred. A medical expert can review the medical records and other evidence to identify the factors that contributed to the injury.
  • The appropriate medical standard – Medical experts can identify the appropriate medical standard of care that applied to the case and describe how the treating doctor deviated from it.
  • How the military doctor caused the injury – A medical expert can explain the connection between the birth injury and the military doctor.
  • How your child will be affected – Financial and economic expert witnesses can estimate the long-term economic and non-economic effects the birth injury will likely have over the course of your child’s lifetime.

Talk to Our Military Birth Injury Lawyers Today

Contact the D.C. military medical malpractice lawyers at Bertram Law Group for more information on military birth injury claims. We have extensive experience specifically handling complex military medical malpractice cases. We are here to answer any questions you have.

Don’t hesitate to reach out to us by phone or online for a free and confidential claim review.

 

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