What is Military Medical Malpractice?
Military medical malpractice occurs when a patient in a military hospital or medical facility suffers harm due to the negligence of doctors, hospitals, or other healthcare providers. In certain cases, victims of military medical malpractice have the right to file their SF95 notice of a claim within two years for compensation.
Can active duty personnel file an administrative claim for medical malpractice?
The National Defense Authorization Act (NDAA), signed into law in 2019, gives active duty service members and their next of kin the right to file personal injury and wrongful death claims against negligent military medical providers for malpractice. It’s a significant expansion of military members legal rights, but there are limits to the right to file an administrative claim.
Active-duty service members are not permitted to file claims for medical malpractice injuries sustained within combat zones. Active-duty members are not permitted to file an administrative claim in federal court. Their medical malpractice claims will be reviewed and handled administratively by the Department of Defense.
If a service member disagrees with the Department of Defense’s resolution of a medical malpractice claim, the service member does not have the option to pursue the claim in court.
Military service members and retired military personnel who have injuries caused by military medical malpractice prior to 2017 do not have a right to seek compensation, under the law.
If you believe you have grounds for a military medical malpractice claim, it’s a good idea to reach out to an experienced personal injury lawyer for a free consultation. A military medical malpractice attorney can help you evaluate your legal options, gather evidence to support your claim and increase your chances of a favorable outcome.
Victims of military medical malpractice have two years from the date of injury to file an SF95 notice of a claim.
Common forms of military medical malpractice
Failure to diagnose, misdiagnosis, and delayed diagnosis
Improper or nonxistent aftercare
Surgical errors or unnecessary surgeries
Failure to consider patients’ medical history
Improper medication or dosage prescriptions
Improper testing or diagnostic procedures
Negligent administration of anesthesia
Negligent prenatal or childbirth care
Am i protected if i make a medical malpractice claim
- Yes, the law explicitly prohibits the military or medical providers from retaliating against service members who file medical malpractice claims. You should not have to fear for your career if you file a claim.
- If you have questions about whether you have a valid military medical malpractice claim, or if you experience retaliation from the military or its medical staff, speak to a military medical malpractice attorney right away.
- For more than 25 years, Bertram Law Group PLLC has helped veterans, active-duty service members, and military families secure the compensation needed to move forward with their lives. Contact us today to learn more about how we can help you in a free, confidential consultation.