Civilian Medical Malpractice.

What is the Federal Torts Claims Act?

Who May File a Civilian Medical Malpractice Claim?

When Can a Civilian Medical Malpractice Claim Be Made?

What is a Meritous Medical Malpractice Claim?

What is the Difference Between the MCA and FTCA?

Is a Medical Malpractice Claim Under the FTCA a Lawsuit?

Military personnel and their families seeking treatment at military facilities have the right to safe, competent medical treatment. When that right is compromised, they are entitled to file a claim for medical malpractice.

Military facilities such as the Veterans Administration (VA) hospitals are federal agencies. Because of this, bringing a medical malpractice claim against one of these military facilities is a form of suing the government. The Federal Tort Claims Act is an exception to sovereign immunity which allows military dependents and non-active duty members to bring claims for medical malpractice occurring at a military facility. Claims brought under the Federal Tort Claims Act are lawsuits, so it is important to contact an attorney if you believe you may have a non-active duty or military family member medical malpractice claim.

The claim must be asserted by either the civilian or by their authorized representative (this usually means a lawyer).

A civilian may file a claim if he/she is injured as a result of a doctor or health care provider’s mistake or negligence. If a civilian was injured at a military facility, the claim would likely fall under the Federal Tort Claims Act. If a civilian is injured at a regular healthcare facility, they are able to bring a typical medical malpractice lawsuit because the FTCA does not apply. Generally, the civilian must assert the claim within 2 years of when the claim accrued. However, there are some limited exceptions and how the time period is calculated can vary from case to case, so it is important to seek the advice of a lawyer who knows the applicable law, as soon as possible.

In order to bring a successful civilian medical malpractice claim, 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 judge.

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 as well as civilians against United States military facilities. The Federal Torts Claims Act allows for lawsuits.

Yes. However, claims brought under the Federal Tort Claims Act must be brought in a way that gives the military facility an opportunity to settle the claim. Therefore, a claimant must present his/her claim to the facility prior to filing a lawsuit. The military facility will then review the claim and determine whether to pay it in full, attempt to settle, or reject the claim. A failure to respond within six months is seen as a rejection of the claim. If the claim is rejected or the parties are unable to reach a settlement, then the claimant must file a lawsuit in federal court within six months. Then, a judge must determine whether and to what extent the federal government will be liable for the injuries suffered by the claimant.

Practice

Areas

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.

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