Medical malpractice claims can be among the most frustrating to file as they involve serious physical or emotional issues that must be proven in order for a judgment to be made in favor of a victim. When these claims are filed by military members, they can be even more difficult. Thankfully, with the help of medical malpractice attorneys in California who have ample experience in this field, it is possible to file these claims.
How can you file a claim for military medical malpractice?
When it comes to filing a claim for medical malpractice, the right for military members to make such claims only became available recently; a Supreme Court case, known as the Feres Doctrine, had previously ruled that such filings were not legal. This was changed in the 2019 National Defense Authorization Act, which allowed military members to file medical malpractice claims against military health care providers.
The National Defense Authorization Act set up a process that allows military members, or their representatives, to file such a claim. Specific regulations include the following:
• There is no judicial review here; all claims will be determined by a process created by the National Defense Authorization Act.
• There are exceptions for combat.
• The injuries sustained must be “incident to service,” meaning that they had to occur as a result of someone’s military service.
Receiving compensation for a medical error
This is a highly technical area of law as it requires proving that a military medical facility committed an error. This makes it even more important that you not only contact an attorney but find one who knows what they are doing in this specific field.