Whether you’re from California or another state and have joined the military, you likely expect the best care possible when you enter a military medical facility. Unfortunately, misdiagnosis, surgical errors and other problems can occur. Protecting your rights is essential if you’re in this position and have suffered due to negligence. Understanding your options can help provide you with the compensation you deserve.
Dealing with military medical malpractice cases can be complex
If you or a loved one has suffered physically due to military medical malpractice, your life may never be the same, or you’ll have to deal with death. Military medical malpractice occurs when a doctor or other medical professional appointed by or at a military medical facility neglects to provide the correct treatment, resulting in death or a severe physical injury.
Using the National Defense Authorization Act to file a claim
Suing the US government for military medical malpractice can be challenging as you can’t sue without its consent. Also, the US government must waive its sovereign immunity if you’re going to sue using a civil lawsuit and prosecution. Fortunately, the National Defense Authorization Act was signed by President Trump in 2020, allowing active-duty members to seek compensation for losses caused by medical malpractice. While this is helpful, the following two restrictions should be noted:
- Combat zone injuries aren’t allowed
- Active-duty members are required to be evaluated in the administrative process and can’t sue in federal court due to the Feres Doctrine.
Is there a statute of limitations?
According to the Federal Tort Claims Act (FTCA), a medical malpractice claim must be filed within two years. Otherwise, you can’t sue the facility.
Knowing your rights when medical malpractice has occurred can be critical if you want to ensure you receive the compensation you deserve.