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 Federal Torts Claims Act?
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.
Who May File a Non-Active Duty or Military Family Medical Malpractice Claim?
The claim must be asserted by either the injured military dependent, or by the active duty member on behalf of his or her child or spouse, or by their authorized representative (this usually means a lawyer).
When Can a Non-Active Duty or Military Family Medical Malpractice Claim Be Made?
A claim can be filed if the military dependent, such as the child or spouse, of an active duty member is injured at a military facility by a health care provider acting negligently. A claim can be made within 2 years of when the injury 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.
What is a Meritous Medical Malpractice Claim?
In order to bring a successful non-active duty or military family member 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.
What is the Difference Between the MCA and FTCA?
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.
Is a Medical Malpractice Claim Under the FTCA a Lawsuit?
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.
Could Filing a Claim Hurt My Career?
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.