Who Can Sue for Military Medical Malpractice & What Is the Deadline?
Who can sue the United States for medical malpractice that occurred in a military medical facility and/or was caused by a military doctor?
- Military Dependants
- Active duty soldiers with a military dependent who has been injured (such as a soldier whose wife dies due to malpractice of an active duty mother whose infant suffered injuries during child birth)
- Retired soldiers injured while retired
- Veteran’s receiving injuries at VA Hospitals
Tragically, current federal law, known as the Feres Doctrine, does not allow an active duty service member to fie a claim for medical malpractice he or she suffered directly as the result of an active duty military doctor.
Dependants and non-active duty personnel may file claims and get recovery for injuries caused by the malpractice of military or other government employed health care providers. In addition, active duty members who have a dependent that has been injured may also file a claim for their own emotional and financial injuries caused because one of their family members was injured. For example, if an active duty parent’s child is injured, the injured child has his or her own claim, but the active duty parent may also file a claim for their own emotional damages, as well as for the increased medical costs or other expense the parent may incur due to the child’s injury.
How long do I have to file my claim for injuries for a dependent or non-active duty personnel?
A: Generally you have only two years from the date you knew you were injured and knew, or should have known, the cause of your injury.
Exactly how long you have to file a claim for medical malpractice varies greatly depending on the facts and requires a careful analysis of the facts and the law by an experienced lawyer.
Generally, however, for cases involving the United States, you have only two years from the date you knew, or should have known, of the injury and the cause of the injury to file a claim. This applies to infants, children, disabled persons, adults and death cases alike. This is different from most civilian claims where children have a longer time to file.
It is critical that you contact an experienced lawyer who handles military malpractice cases as soon as possible after the injury or death occurs to make sure your rights are protected.
Learn how we can help you by calling 202-803-5800 or by contacting us online.