The Veteran's Administration, military and other government doctors and nurses provide sub-standard and negligent care. When this happens, we prosecute our clients' cases to the fullest extent possible to obtain justice and satisfaction on their behalf. If you are a current or former member of the armed forces, whether in the Army, Air Force, Navy, Marines, or other branch of the service, you and your dependents deserve top quality care.
Taking on government-run organizations such as military and VA hospitals can be challenging. The process requires strict adherence to specific deadlines and attention to detail when gathering evidence of a claim. We understand the complexities of Federal Tort Claims as well as the ways that personal injuries can dramatically affect an individual's life. We offer more than 80 years of combined experience in injury law, including a vast number of cases against government health care organizations.
We handle a wide range of military/VA negligence issues, including:
The Federal Tort Claim Act (FTCA)
- Federal Tort Claim Act (FTCA)
- The FTCA process
- The FTCA statute of limitations
- Military hospital negligence
- VA negligence
- FTCA claims for military families
Government agencies, like any other enterprise, are made up of individuals. Those individuals are fallible and do not always behave or provide services that reach the highest standards of quality and care. In some cases, their negligence causes serious injury. When that happens, an injured individual will have to file a claim regulated by the Federal Tort Claim Act (FTCA). We take pride in our ability to meet the demands of our clients' medical and financial hardships while remaining on top of such a complicated injury claim process. Do not hesitate to get the representation you need to face issues of military hospital and VA hospital negligence.
Military servicemen and women, veterans and their families face injuries similar to any other medical malpractice case (surgical errors, nursing and staffing errors, birth injuries, etc.). The FTCA requires that victims of government malpractice go through a complicated claims process. Not all claims for negligence can be brought against the federal government under the FTCA. There are too many complex exceptions to outline in detail here, but in general they can be described as:
The Federal Tort Claims Act (FTCA) Process
- You may only bring an FTCA claim against a federal employee (not an independent contractor hired by the federal government, which requires a different claims process)
- The negligence must have occurred while the employee was working for the federal government
- Only negligence, not intentional misconduct, can justify an FTCA claim
- The claim will be based on the state law where the negligence occurred
When a government employee negligently injures another person, the Federal Tort Claims Act (FTCA) governs compensation claims. The FTCA process is much different from the standard personal injury claim process, and one misstep can easily put an injured person at risk for case dismissal.
The Standard Form 95 (SF 95) is used to file a claim against a government agency. The FTCA claims process starts when this form, properly and fully filled out, is served on the appropriate government representative or administrator. It is also jurisdictional, so failing to fill it out and serve it properly can result in dismissal of a claim.
A Federal Tort Claim may not immediately be brought into lawsuit in federal court. First, it must undergo an administrative process with the agency accused of negligence. When filing a medical malpractice claim, you must provide the government with enough evidence of its negligence and your damages for the claim to be fully evaluated. Thus, the process puts a burden on the claimant, and the claim can be dismissed if adequate evidence is not presented. Filing a Federal Tort Claim will then typically follow the following path:
Federal Tort Claims Act (FTCA) Statute Of Limitations
- Administrative review of claim and evidence presented on behalf of the claimant by the government agency accused of negligence
- Agency investigation of claim using the detailed information provided by the claimant (i.e., explanation of events, independent medical expert witness analysis of the government negligence, witnesses, proof of lost wages or property damage, injury documentation or death certificate, etc.)
- Acceptance or rejection of claim
- If the claim is not resolved at this level, the attorneys will then file a medical malpractice lawsuit in federal court
- Claims should be filed as soon as possible. The FTCA outlines various deadlines and a statute of limitations. If these strict deadlines are missed, you could cause your claim to be rejected or dismissed entirely, putting your potential for recovery at risk.
Many claims against negligent parties must be filed within a certain period of time to be considered valid. Federal Tort Claims are no different. The Federal Tort Claims Act (FTCA) outlines a statute of limitations on any claims of negligence brought against a government agency.
Generally, a Federal Tort Claim must be filed in an administrative process with the government agency within two years from the date of negligence (or from the date the negligence was discovered if it was not recognized immediately). Preparing for the filing of a claim can take time as well, so it is best not to wait until the last minute to file. You could easily end up missing the deadline or filing with insufficient information.
Once a claim is submitted, the government agency will review it. It has six months to perform an investigation and make a decision. If the agency does not give a response within this period of time, the claim may be considered "rejected" and the claimant is then able to file a lawsuit in federal court. Every step of the process requires strict adherence to deadlines and thorough documentation of the incident.
Military Hospital Negligence
Negligence in a military or VA hospital results in the same type of injuries as medical malpractice cases related to private entities. The difference lies in how the claim is pursued: rather than simply taking on the at-fault party's insurance company, the claimant is forced into an administrative review process with the government agency that caused the injury. This is called a Federal Tort Claim.
Federal Tort Claims can be filed for injuries caused by military hospital negligence related to:
- Anesthesia errors
- Birth injuries
- Emergency room errors
- Failure to administer treatment
- Failure to diagnose cancer
- Heart attack
- Inaccurate or poorly evaluated medical records
- Nursing and staffing errors
- Post-operation and treatment errors
- Prescription and medication errors
- Pulmonary embolism
- Spinal cord injuries
- Surgery errors
- Wrongful death
If you or your loved one has been a victim of military medical malpractice, contact us to protect your rights. We will meet with you for a free, no-risk consultation. After learning about your case, we can explain to you your legal rights for recovery. We represent the victims of military medical malpractice on a contingency fee basis, which means that there is NO FEE TO US UNLESS WE WIN.