Military Medical Malpractice (FTCA and/or MCA)

Claims Against VA Hospitals by Dependents/Non-Active Duty Personnel

While serving this country, you should be able to count on your family receiving quality medical care, regardless of whether you are stationed here in the U.S. or overseas. Unfortunately, sometimes the care is substandard and can result in permanent injuries or even death.

If you are a dependent or a non-active duty person who has been injured due to malpractice in a military/VA hospital or on a military base, you need an attorney familiar with the Federal Tort Claims Act (FTCA). This law allows military dependents and other non-active duty victims of negligence to sue government agencies in federal court for injuries as a result of negligence by military doctors or other health care providers acting on behalf of the United States.

The Military Claims Act (MCA) is a federal law that covers injuries received by military families stationed outside the United States.  It is similar to the Federal Tort Claims Act (FTCA).  This law allows dependents of military personnel to file administrative claims against the U.S. Government for malpractice.  One difference from civilian claims in the United States is that there is no right to file a lawsuit if the military denies your claim.

You need an attorney experienced with this type of administrative process. Your attorney must be able to succeed the first time around as there is no opportunity for an impartial judge to decide your case and appeals are very limited.

Your lawyers must conduct a thorough investigation of all the facts and then hire very strong experts to prove that the care was substandard and how the substandard care caused the injury or death.  In the case of permanent catastrophic injuries, your lawyers also need experienced experts to support a comprehensive evaluation of your future life care needs in order to obtain justice under the MCA. 

We represent patients and families under the Federal Tort Claims Act and the Military Claims Act.  These are complex laws and they require a complete understanding of the practice area.  We represent clients throughout the United States and all around the world in the cases right here from our nation's capitol, Washington, DC.

Patrick Regan, Catherine Bertram and Jackie Colclough have extensive experience representing members of the military and their families who have been injured as a result of medical malpractice throughout the United States and overseas.