Can you sue the military for medical malpractice?

You can sue the military for medical malpractice, but the process is more complicated than filing a claim against a civilian doctor or hospital. If this happens to a civilian, it’s fairly easy for them to file a claim for medical malpractice against the doctor and the medical facility where the malpractice occurred. The federal government and military have certain levels of protection against lawsuits and specific protocols in place for individuals who have been harmed by medical negligence to file a claim.

Military medical malpractice cases are more complex, but you still have the right to sue if you’ve been harmed. Working with a West Palm Beach medical malpractice lawyer familiar with litigating claims under the Federal Tort Claims Act is your best chance of filing a military medical malpractice claim.

What is medical malpractice?

Medical malpractice occurs when a doctor, nurse, or other medical professional fails to provide the standard level of medical care expected in their field. This failure to provide the appropriate level of care leads to harm to the patient.

The harm caused by medical malpractice can take many forms. It might be direct, like a surgical error, a medication mistake, or a procedure gone wrong. It can also result from something less obvious, like a missed diagnosis or a misdiagnosis. In those cases, the delay in getting the right treatment can make a health condition worse or reduce the chances of recovery.

Millions of Americans receive healthcare through the military, including active duty personnel, veterans, and their dependents. Many of the providers at military treatment facilities are military members or government employees and, as such, are covered by the Federal Tort Claims Act (FTCA) if they are named as defendants in military medical malpractice claims. So, it’s important to understand what the FTCA is and how it affects your right to sue the military for medical malpractice.

The Federal Torts Claims Act

The FTCA is a body of laws that addresses the liability of the United States federal government in medical malpractice lawsuits. Per the FTCA, the U.S. federal government is the defendant in lawsuits involving military malpractice, not the individual provider or military hospital.

The FTCA also sets forth the process for filing a military malpractice claim. First, potential plaintiffs must notify the United States District Attorney and the Attorney General of the United States that they are filing a claim for personal injuries and the exact amount of compensation (both economic losses and pain and suffering) they’re seeking.

Once the administrative claim is filed, the government has six months to conduct an investigation. If the government does not complete the investigation and decide on the pending claim by the end of the six-month period, the plaintiff may file an FTCA claim in federal court.

There is also a short statute of limitations for filing an FTCA claim: two years from the date of the injury (or the date at which it would be reasonable to expect the injury to be noticed). If you don’t file your notification of intent to sue under the FTCA guidelines within that time frame, you effectively lose your right to sue.

Who can sue the military for medical malpractice?

Active-duty military members cannot file a lawsuit for medical malpractice if the practitioner in question is an active-duty military member or another agent of the U.S. government. Under the Feres Doctrine, members of the armed forces cannot file a claim against the federal government.

There are some narrow exceptions to the Feres Doctrine. Active-duty military personnel who receive treatment at a non-military facility or from a non-governmental or active-duty provider can file a medical malpractice claim as a private citizen, following the same procedures as any other plaintiff.

However, there is another recovery action available to active-duty military personnel: the Military Medical Accountability Act. Under this statute, active-duty military personnel who are injured due to medical malpractice that occurred while the individual was on active duty. In this case, the injured military member will file an administrative claim with the Department of Defense, which will handle the claim investigation. If the Department determines that the claim is valid, it will pay the plaintiff per the Federal Court Guidelines.

Dependents of active-duty military personnel and military veterans may pursue claims for compensation under the FTCA. However, it’s more important to work with an experienced FTCA lawyer, one who understands the strict requirements of filing this claim in federal court. Any error or failure to comply with the FTCA could result in your claim being dismissed.

Injured by military medical malpractice? You still have options.

Navigating a military medical malpractice claim can feel overwhelming, especially with so many rules and restrictions in place. But you don’t have to go through it alone.

Have you suffered malpractice at a military medical facility or at the hands of a military care provider? Please call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation.