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Washington, DC Military Medical Malpractice Lawyer

Do You Need a Military Medical Malpractice Lawyer?

Military families devote their lives to our country. They deserve quality medical care whether stationed at home or abroad. Unfortunately, that's not always the case and mistakes can occur, leading to severe injury or death. If this happens to you or a loved one, you have the right to file a medical malpractice lawsuit against the healthcare professional in a military medical facility.

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How is a Military Medical Malpractice Claim Different?

A military medical malpractice claim requires the injured individual to file a claim with the federal government, as opposed to filing a claim in court against a private healthcare facility or individual.

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According to the law, you must file a claim under the Federal Tort Claims Act (FTCA) with a military medical malpractice case. The FTCA allows military dependents and other non-active duty victims to file a claim with the government for injuries resulting from the negligence of military doctors or other health care providers acting on behalf of the United States.

The following conditions must be met for a successful military medical malpractice claim:

  • A federal employee caused your injury
  • The employee was acting within the scope of their official duties
  • The negligent or wrongful actions by the medical professional caused injury or harm to the patient
  • The injury or death led to actual damages that the injury victim can claim in a lawsuit

Until recently, active personnel could not file a medical malpractice claim against the military. But in 2020, the law was changed to allow active service members to file claims.

It’s important to note that claims must be filed within two years of the alleged incident or two years after the claimant learned that their injury or a loved one’s death resulted from medical malpractice.

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What Is Military Medical Malpractice?

Military medical malpractice is caused by negligence from a doctor or another medical professional to a patient in a military or veterans’ healthcare facility. This negligence results in an injury or death for the patient.

Typical forms of military medical malpractice include, but are not limited to:

  • Misdiagnosis, delayed diagnosis, or failure to diagnose issues that are immediately serious or grow more serious over time
  • Medication errors, such as prescribing the wrong medication or giving the wrong dosage
  • Surgical accidents or errors that the doctor could have prevented
  • Anesthesia errors that include ignoring a patient’s drug allergies or carless intubation during general anesthesia
  • Pregnancy or birth injuries that can result in lifelong problems for the child
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What Are the Procedures to Filing a Lawsuit Against the Government?

Before filing a claim for military medical malpractice, your first step is to file an administrative claim with the government. In this claim, you need to provide specific details about the accident. You will also need to specify a dollar amount you seek in damages.

The government will then take up to six months to review your claim. It will then either offer a settlement or deny your claim. If your claim is rejected or you believe the settlement is too low, you can file a lawsuit.

It’s essential to file the administrative claim within two years of the incident. Not only does it give the government a chance to settle the matter, but your case will also be thrown out.

Remember, a military medical malpractice claim can be extremely complex to handle on your own. It’s best to speak with an experienced attorney who has the knowledge needed to file the suit on your behalf so you can get the maximum amount of compensation available.

How Can Regan Zambri Long Help With My Military Medical Malpractice Case?

The legal road for military medical malpractice claims can be extremely long and complex. Your biggest asset and ally will be a good lawyer who can help you navigate the complicated process.

Our highly experienced law firm regularly represents patients and families under the Federal Tort Claims Act. This complex law requires a complete understanding of the practice area.

You should consider entrusting your military medical malpractice case to our firm because we:

  • Have over a century of combined legal experience.
  • Have recovered millions of dollars in compensation.
  • Stand readily available to assist our clients.

At Regan Zambri Long, our firm’s expertise includes an attorney who is a trained nurse and others with extensive experience in medical malpractice cases. As a result, we have the resources, strategies, and determination needed to guide you on the path to success and help you recover damages from your injury.

Discuss your case today with a leading medical malpractice lawyer in DC at Regan Zambri Long. Our free consultation will help answer your questions and discover your best route forward.

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Frequently Asked Questions About Military Medical Malpractice in DC

Can You Sue a Military Medical Facility for Medical Malpractice?

Yes, you can sue a military medical facility for malpractice. After experiencing an injury at a military medical facility, you may wonder how do you sue a military hospital for medical malpractice. And although you can’t hold a federal employee personally liable for any injuries while they are on the job, you can file a claim against the government for any damages you may have received under a federal employee’s care.

What Do I Need to Prove to Win a Military Medical Malpractice Suit?

For a successful military medical malpractice lawsuit, you will need to prove the following:

What If I Was Injured Outside of the United States?

The FTCA would exclude military personnel from pursuing claims outside the United States, even if your injuries occurred on a U.S. military base. However, you may file a claim under the Military Claims Act (MCA).

U.S. citizens out of the country can file an MCA personal injury claim for personal injury and property damage or loss that the Department of Defense caused. These are payable only if the injury resulted from negligence or a wrongful act caused by DOD personnel while acting within the scope of their employment.

Where Do I Submit My Military Medical Malpractice Claim?

Where you submit your claim all depends on the military branch:

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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