 | | Medical professionals and organizations that serve military personnel and families are held to the same “standards of care” as those that treat private citizens. These are the medical community’s accepted and recognized standards for patient care. When injury or death is the result of a breach of these standards, military members and dependants may have a legal claim for compensation. Military medical negligence claims are not limited to the conduct of doctors, but may also apply to other medical care providers and health care facilities. |
Military medical negligence is an extremely specialized and complex area of legal practice. Effective representation of clients in these claims requires mastery of the rigorous federal laws and processes that govern them, as well as in-depth knowledge of medicine and military healthcare operations. Record of Recovery For Clients Spohrer & Dodd has strong experience and success in area of the law and is proud to serve the legal needs of those who serve our country – around the globe. Our years of concentration and commitment of resources to this field have resulted in a strong record of recovery for our clients, through both trials and settlements. Central to proving any medical negligence claim is confirming that a breach in the standard of care has occurred. This is accomplished through an exacting review and analysis of medical records and the statements of involved parties. As with the medical negligence cases we undertake for private citizens, Spohrer & Dodd attorneys work as a team with our in-house consulting physician and nurse on all military medical negligence claims. This unique approach, coupled with unparalleled dedication, skill and experience in this demanding area of the law, is at the heart of our ongoing ability to help military personnel and their families redress their injuries and make their lives as whole as possible. | | 
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Examples of military negligence cases our attorneys have successful conducted include: traumatic brain injuries during birth, surgical mishaps that caused damage to major organs, failure to perform biopsies on a breast lump or diagnose/treat cancer, the premature birth of twins in which one did not survive, and life-altering complications from unnecessary hysterectomies. Eligibility For Suit  | | We are often asked: “Who in the military arena is eligible to sue for injuries caused by medical negligence?” Claims of this nature by military personnel and families are directed at the federal government and ruled under what is known as the Federal Tort Claims Act (FTCA). This complex act provides recourse for those injured by the action of a federal government employee or agency. Those that are eligible to sue under these regulations are:
Active duty service personnel are generally ineligible to sue the United States for injury sustained while in service. This exception to the Federal Tort Claims Act is due to a statute known as the FERES (pronounced fairies) Doctrine, which dates back to a 1950 Supreme Court decision. |
There are other circumstances that play into the viability of a federal tort claim. These include: If you or a family member has been injured as the result of treatment by a military doctor or hospital, the best course of action is to contact an attorney experienced in this complex legal specialty. They will evaluate your situation and determine your eligibility for filing a claim. With limited exceptions, there is a two-year statute of limitations imposed on claims brought against the U.S. government.
The Legal Process in Federal Tort Claims
Filing a claim against the government requires compliance with a rigorous set of rules and procedures and may take a substantial amount of time to conclude. Before a lawsuit can be filed what is known as an administrative claim or pre-suit notice has to be filed. The government and its representatives have up to six months to respond to this initial claim. It is possible they will take administrative action related to the case (which may include an offer of settlement) during this period. If the government has not responded within the six-month time period, the lawsuit can proceed and may be resolved by trial or settlement. Spohrer & Dodd attorneys and staff are well versed in the complexities and ready to take on the challenges of military medical negligence cases. Our dedication is to obtaining maximum recovery for each client we represent. One example of our dedication to success in this field of law is the Burch v. The United States case. A navy wife underwent an unnecessary hysterectomy at a naval hospital by doctors treating her for chronic pelvic pain supposedly caused by endometriosis. This life-changing surgery was performed although the doctors knew her real condition was a treatable disease of the bladder. The verdict awarded to our client in this case was $2,040,000.
For other representative Military Medical Negligence cases handled by Spohrer & Dodd click here:
For additional information on Military Medical Negligence issues, click on any one of the links below: A Look at Federal Government Liability Military Medical Malpractice Recourses
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