All wounded or ill military members, like everyone else, deserve proper and professional medical aid and treatment. These warriors need to be treated for injuries and other medical ailments since they put their life on the line to protect civilians and the nation. However, there are times when the attending healthcare practitioner makes a mistake in diagnosing and treating their military patients. This is where the idea of military medical misconduct comes into play.
Military medical misconduct, in its most basic form, relates to medical malpractice perpetrated by a healthcare practitioner designated by a military institution or hospital. When such a professional fails to treat the institution’s patients adequately, resulting in bodily harm, the patient and their family may pursue a military medical malpractice lawsuit against the at-fault facility.
Thus, if you are a military member who has been wounded as a result of a medical practitioner’s carelessness, here are some things you should know concerning military medical malpractice.
The Federal Tort Claims Act (FTCA)
Military bases are often considered government entities. As a result, any military employee who wishes to claim military medical misconduct is to sue the federal government. However, it is vital to emphasize that the federal government cannot be sued owing to sovereign immunity. It is a legal notion that shields the government from being sued without its agreement, and it is immune from all civil cases until it waives its sovereign immunity.
There is one exception to the idea of sovereign immunity. For example, the passage of the FTCA removes the government’s protection, enabling medical malpractice claims to be filed. In brief, this Act allows military victims of medical negligence to sue the negligent medical institutions and seek compensation for all of their damages.
If you feel a federal team member’s carelessness caused your injury, you may be able to file a military medical malpractice lawsuit against the hospital.
The Military Medical Malpractice Rules Have Strict Qualification Requirements
The military medical malpractice regulations specify strict qualifying standards. While anybody who has been injured due to a healthcare professional’s irresponsible actions may submit a medical malpractice claim, some persons may be eligible for compensation under a military medical malpractice claim. These people might be any of the following:
- Anyone serving in the military on active duty
- anyone working in the reserves
- Veteran or retired military people
Immediate family relations of the individuals as mentioned above, including their spouse and children
The FCTA Has a Two-Year Statute of Limitations
Like any other civil case, a military medical malpractice claim has a two-year statute of limitations from the day it accrues. This time restriction relates to the amount of time the affected party must submit a claim. As a result, after the time limit for filing a legal claim has passed, you will be unable to sue the military institution again, thereby relinquishing your right to compensation for all your losses.
Because of the time limits, you must carefully fill out the claims forms to ensure no severe errors are made. You might contact a lawyer specializing in military medical negligence to assist you with the file. For example, they may look into the facts of your case, such as when the malpractice occurred and what legal options you have for your damage. They may also consider whether they might extend the time limit for making a claim based on the facts of your case. The following are the processes to take when bringing a malpractice claim:
- Collect paperwork and proof as soon as feasible
- If you and your attorney feel you have enough evidence to support your claim, you may file a Standard Form 95 regarding military medical negligence claims
- You and your attorney must submit personal information, accident facts, the amount of compensation sought, witness information, insurance data, and other details
Following the completion of the filing, the review board will carefully scrutinize all papers and records presented within six months. During this time, they may offer you a settlement, which you may accept or reject. They might also refuse your claim if they can demonstrate that you did not fulfill the legal qualifying standards. If they refuse, the matter will be heard in court.
Following a review of the form, the U.S. Attorney will consider whether the parties may resolve the issue outside of court. Of course, the plaintiff may request outside legal counsel at any time.