A Victim of Military Malpractice? What To Do Next

Are you a victim of military malpractice? Do you feel that you have been damaged in some way and do you feel it should be repaid? Then, the first thing you should do is to seek proper legal advice from legal firms that have experience in dealing with such cases. Peace of mind is needed when people serve their country; however, malpractices still happen. In situations where the families should be receiving proper care, there are more than a few cases of irreparable health damages caused by malpractice. Extreme cases of malpractice can even lead to death. It is up to you to take action, starting as soon as possible!

Identify the malpractice

Do you believe that you are a victim of military malpractice? Has one of these situations happened to you:

• Pediatric injuries
• misdiagnosis
• Serious injuries
• Death without explanation

If any of the above situations has happened to you, remember that under the Military Claims Act you have rights and so do your dependents. File a claim but remember, that a claim must be filled with the highest caution. If you don’t have a strong claim, even if you deserve compensation, a claim denied will remove your rights to file a lawsuit. Do not think that you may not be entitled to compensation; the US Government pays millions of dollars every year in lawsuits in which the victim is given the rights they deserve. Just make sure you file a claim properly and have a complete understanding of how to file. If not seek legal help.

According to the Federal Tort Claims Act or the FTCA, which you can read here, you are only granted to limited rights if you desire to sue the federal government for malpractice. You need to understand that you have little room for presenting a complaint, and you really need the assistance of a lawyer that is highly skilled and experienced in court battles of this type.

There are also important time limitations that you have to file or demonstrate your complaint. When an injury is detected the clock starts ticking, get a lawyer and file as soon as possible, if you let your time to file pass, you’ll never be able to claim for damages. Once you feel you have an injury, take responsibility for it and talk to legal counsel right away. Do not wait.

Comparing with regular hospitals

Do you know that a child born in a military hospital has twice the chance of suffering an injury compared to a child born in a regular hospital? Or that a mother that gives birth to a baby in a military hospital has a higher chance to suffer from hemorrhagic complications? This is something that you must be aware of and should be a serious concern for you.


Remember that if you want recourse, you will probably have difficulties due to the Feres Doctrine, which you can read about here. This is not encouraging you to quit if you fail in the first appeal, but rather to invest strength and effort in collecting enough information and seeking advice from the right people to build a strong case for both you and your loved ones.

The system is very complex and with many loopholes. If you don’t have undisputed evidence and a strong argument of malpractice, chances are you won’t succeed, even if you’re entitled to be compensated. You need to contact proper legal sources as soon as you believe there is a problem. They will advise you, don’t guess or make uninformed choices.