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Military Medical Malpractices

Personnel in the military, who seek treatment at a veterans or military facility, have every right to a competent and safe medical care.

If this right becomes compromised in any way, patients become entitled to file a claim for medical malpractice.

Certain statutes, however, can prevent active duty individuals from filing such lawsuits.

Whenever a patient suffers from an illness or sustains injuries, as a result of the negligence of a healthcare provider in the military, he or she has the ability to bring a military medical malpractice lawsuit.

Lawsuits of military medical malpractice can usually result from failure of a healthcare professional to administer medications, prevent infection, or provide routine testing.

Facilities in the military, such as the VA, or Veterans Administration hospitals, are considered federal agencies. If there is a lawsuit, as a result, the plaintiff is actually suing the federal government.

This does not apply only if the medical provider works independently as a contractor.

Sovereign immunity is a term which protects, from similar lawsuits, the government.

The Federal Tort Claims Act, and Standard Form 95

The Federal Tort Claims Act, or FTCA, for sovereign immunity, is an exception; this act does enable personnel in the military to sue, for personal sustained injuries, the federal government.

The Federal Tort Claims Act can apply to all military personnel that is inactive who have received subpar medical attention, within the United States, from military facilities.

Not everyone, therefore, who has sustained injuries, may sue under the Federal Tort Claims Act for military medical malpractice.

Certain statutes can prevent military personnel from filing claims for medical malpractice for care received while actively on duty.

Under the Federal Tort Claims Act, dependents of military personnel on active duty, such as children and spouses, are not exempt from bringing claims.

The Federal Tort Claims Act’s foreign country exclusion, also, can prevent personnel in the military from filing claims of injuries sustained outside of the United States. Even if receiving treatment on a United States military base, this can be applicable.

Individuals who have sustained injuries from medical malpractice in the military outside of the United States, under the Military Claims Act, may file.

Under the Federal Tort Claims Act, two years is the statute of limitations for filing a claim for medical malpractice, from the time the patient is aware of its existence and what caused the injury.

Eligibility for the Federal Tort Claims Act stipulates administrative claims for the whole amount of sustained damages.

On a Standard Form 95, which most government agencies can provide, the lawsuit may be filed.

On Standard Form 95, the listed amount of the compensation offered is limited; thus, the form should be carefully considered.

The healthcare facility in question, to review the claim, has six months. That’s when individuals can decide the necessary action.

At times, the healthcare center will recompense the claim amount in full, for less than the requested amount, settle the claim, or simply reject the lawsuit.

Within a period of six months, failure to respond can be considered a claim rejection.

Contact us for a free consultation or call Anzalone Law Firm PLLC, at: 603.548.3797

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Great lawyer...Professional, organized, caring and effective. Michael is very informative and was always willing to explain the reasons behind what was being done. Can't say enough about how helpful he was every step of the way. It was really nice to feel like I actually understood what was going on with my case. Catherine Veilleux