Military Medical Malpractice Lawsuits
This article was originally published in Sept 2020 but was updated in July 2021 for accuracy and relevance.
Military personnel and their dependents seeking treatment from a doctor at a military facility have a right to safe and competent medical care, just as patients do at civilian facilities. When a military doctor fails to provide an adequate treatment that meets the standard of care, the patient could suffer severe and potentially life-threatening harm.
If you suffered from an injury or illness caused by the negligence of a military health care provider, you may be entitled to bring a military medical malpractice claim. If you are considering filing an administrative claim, it is critical that you seek help from a skilled and experienced lawyer who handles military malpractice cases to make sure your rights are protected.
At Bertram Law Group, PLLC, we focus on all types of military medical malpractice lawsuits. Some of the most commons types of cases we handle include:
- Failure to diagnose
- Delayed diagnosis
- Medication errors
- Surgical errors
- Birth injuries
- Wrongful death due to medical error
- Anesthesia errors
- Post-surgical errors
Bertram Law Group, PLLC has experience in representing active injured military members. Our attorneys have a track record of successful verdicts in medical malpractice cases. For decades, our D.C. military medical malpractice attorneys have secured sizable settlements and verdicts for injured people just like you.
If you are dealing with medical malpractice injuries and complications, the attorneys at Bertram Law Group, PLLC understand what you and your family are going through. It can be an extremely challenging time for the victim – physically, mentally, and financially.
Allow us to help you recover from your injuries and get your life back on track. Bertram Law Group, PLLC is prepared to fight on your behalf throughout the entire process, seeking the compensation you need and deserve.
National Defense Authorization Act 2020
The National Defense Authorization Act, which was signed into law in December 2019, allows active-duty military members and their family members to file a personal injury claim or wrongful death claim against negligent military medical providers. Dependents and retired members of the military can also file claims.
Historically, active-duty military members were not permitted to file such claims under the Feres doctrine, which originated from a 1950 Supreme Court decision that ruled active-duty military personnel could not hold the government liable for injuries they sustained during service.
The National Defense Authorization Act now allows active-duty military service members to hold the government liable for medical malpractice. However, there are a couple of key limitations.
Active duty military service members will NOT:
- Be able to file claims for personal injuries caused by medical malpractice in a combat zone.
- Be permitted to sue in federal court like dependents and retired military members. These claims are adjudicated administratively.
- Claim to challenge discretionary agency policies, known as the discretionary function exemption.
What Is a Military Administrative Claim?
While the Feres doctrine was not repealed by the National Defense Authorization Act, military service members are now allowed to file administrative claims if they’ve become injured or ill due to negligence by military health care personnel. Military members have to file a military administrative claim within two years from the time they first learned of the injury. This is why you should file your claim as soon as you can, or it could be rejected.
When preparing for a military administrative claim, you will want to collect evidence to support your claim. Gather all documents that support your claim and the amount of compensation you are seeking. You will also need to counsel with another healthcare provider who agrees that you were a victim of military medical malpractice. This evidence is vital because you want to provide the military with enough information about your claim so that they can evaluate its merits. An attorney can help you collect medical records and other forms of evidence that will strengthen your claim and put you in the best possible position to get a favorable outcome.
The D.C. military medical malpractice attorneys at Bertram Law Group, PLLC have extensive experience in these claims and can assist you throughout the entire process. If you believe you have been the victim of military medical malpractice, contact us as soon as possible. If you wait too long, you could lose your right to file a claim.
Am I Protected If I Sue the Military for Malpractice?
Yes, you are protected from retaliation, which means you should not worry that you will be discharged from the military or face other negative consequences because you filed a military medical malpractice lawsuit.
If you believe you have a case against the military, contact Bertram Law Group, PLLC. The details of your case will be kept private and confidential until its time for us to go to mediation or trial. We will thoroughly examine the facts of your situation and determine if you have a viable malpractice claim against a military doctor or facility.
Contact DC Medical Malpractice Attorneys, Bertram Law Group, PLLC
Because the National Defense Authorization Act is a relatively recent law, military medical malpractice is in its early stages and new to many service members. Many military members or surviving family members may not know if they qualify or how to proceed with a lawsuit.
If you think have a military medical malpractice claim, reach out to Bertram Law Group, PLLC as soon as you can. Our D.C. medical malpractice lawyers have helped military members and veterans for years seek the compensation they deserve. We can provide you with the highly skilled legal counsel you need when filing your claim.
Learn more about how Bertram Law Group, PLLC can help today by calling us or by contacting us online.