Why Choose Bruce J. Klores and Associates P.C.?
Military medical malpractice claims are governed by special federal laws — the Federal Tort Claims Act and the Military Claims Act. While our firm is based in the District of Columbia, our attorneys travel to and associate with firms throughout the country handling important military medical malpractice cases. As one example, in 2007, Bruce Klores obtained a $28 million dollar verdict for a military family in court which, after five years of appeals, was finally paid. We have also settled some of the largest cases under the Military Claims Act, which does not allow for litigation.
Read about Bruce Klores's 28 million dollar verdict on behalf of a Navy family.
What is the New Law?
In 1950, the U.S. Supreme Court in Feres v. United States barred active duty military from bringing claims for medical malpractice that occurred in military facilities. Congress has now changed that law, by adding a new section to the Military Claims Act.
While active duty military still cannot file a lawsuit, they can pursue administrative medical malpractice claims for injuries that occurred in a military facility.
Who May File an Active Duty Medical Malpractice Claim?
The claim must be asserted by an active duty member of the uniformed services or by their authorized representative (this usually means a lawyer). If the member is deceased or otherwise incapacitated, the claim may be filed by his/her representative (this usually means a family member).
When Can an Active Duty Medical Malpractice Claim Be Filed?
A claim can be filed if a military health care provider has acted negligently and that negligence has caused an injury. The claim must be filed within 2 years of when the claim accrued.
What is a Meritous Medical Malpractice Claim?
In order to bring a successful malpractice claim or case, the claimant must prove that the health care provider acted negligently and that this negligence caused an injury and damage. Proving a case requires obtaining and reviewing medical records in conjunction with experts and then presenting the claim, with supporting evidence, to the government.
How are Active Duty Medical Malpractice Claims Paid?
If the Secretary of Defense determines that the claim is meritorious, and is valued at $100,000 or less, then the Secretary may pay the claim. If the Secretary determines the claim is meritorious and valued at more than $100,000, then any amount over $100,000 is paid by the Treasury.
What is the Difference Between the Military Claims Act and the Federal Torts Claims Act?
The Military Claims Act governs all malpractice cases that occur in overseas military facilities, and all cases brought by active duty military. The Military Claims Act does not permit lawsuits to be filed. All claims are to be decided administratively.
The Federal Torts Claims Act governs malpractice claims brought by non-active duty and their dependents against United States military facilities. The Federal Torts Claims Act allows for lawsuits, such as with claims brought by injured military dependents or injured civilians.
Does the New Law Apply to Military Family Members Who are Not Active Duty?
No. If a family member (who is not active duty military) receives negligent health care from a military health care provider, he/she still has the right to file suit pursuant to the Federal Tort Claims Act (“FTCA”). Our firm has a long history of success with these cases.
Amputation Injury Lawsuit
An amputation injury lawsuit can provide recourse for patients who have suffered a limb loss as a result of a physician's medical malpractice.
Anesthetic Error Lawsuit
Anesthetic error lawsuits can provide recourse for patients who have suffered as a result of a physician's anesthetic error, including administering the incorrect amount or type of anesthesia.
Birth Injury Lawsuit
A birth injury lawsuit can provide much needed compensation for families who have suffered birth injuries such a Cerebral Palsy, brain injuries, Erb’s Palsy, subconjunctival hemorrhage, newborn clavicle fracture or other fractures.
Cerebral Palsy Lawsuit
A cerebral palsy lawsuit can hold medical professionals accountable which may prevent similar incidences and provide a lifetime of necessary care to victims.
Failure to Diagnose Lawsuit
When a catastrophic injury or fatality is the result of a misdiagnosis or a failure to diagnose, victims may be able to file a failure to diagnose lawsuit to recover compensation.
Medication Error Lawsuits
Medication error lawsuits can provide recourse for patients who have suffered or experienced a catastrophic injury as a result of a medication error.
Paralysis Medical Malpractice Lawsuit
When a debilitating paralysis injury is caused by medical negligence, a paralysis medical malpractice lawsuit can help victims recover costs.
Surgical Error Lawsuits
A surgical error lawsuit can provide compensation for those who have suffered surgical errors such as medication errors, wrong-sided surgeries, anesthetic errors, infections, or poorly-made incisions.
Emergency Room Negligence Lawsuit
When emergency room negligence occurs, victims can typically recover for permanent disability, a loss of income or financial support, and additional medical expenses.
Genetic Testing Lawsuits
Genetic testing lawsuits may help families recover compensation when a physician fails to properly counsel or screen for genetic abnormalities during pregnancy.