Military Medical Malpractice, Jacksonville

Can persons in the military sue for medical malpractice?

Medical professionals and organizations that serve military personnel and families are held to the same "standard 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 dependents 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. However, military medical negligence is an extremely specialized and complex area of legal practice.

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 include:

Non-Active Duty Personnel
Military Dependents
Military Retirees

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. Our military medical negligence lawyers in Jacksonville are well versed in these complexities and are ready to handle the challenges of your medical negligence or military malpractice case.

Who Is Eligible to File in Federal Tort Claims?

Filing a malpractice claim against the government requires compliance with a rigorous set of rules and procedures and may take a substantial amount of time to conclude. Active duty service personnel are generally ineligible to sue the United States for injury sustained while in service. The exception to the FTCA dates back to a 1950 Supreme Court decision known as the FERES (pronounced "fairies") Doctrine. Other circumstances that impact the viability of a federal tort claim for military medical negligence include:

Status of Negligent Person
Location Where Negligence Occurred

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 the initial negligence claim. 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 our military medical negligence lawyers who are experienced in this complex legal specialty. They will evaluate your case and determine your eligibility for filing. With limited exceptions, there is a two-year statute of limitations imposed on claims brought against the U.S. government.

Maximum Recovery in Military Medical Malpractice or 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 Burch v. The United States. 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 cases handled by Spohrer & Dodd, click Military Malpractice & Medical Negligence cases.

For additional information on Military Medical Negligence issues, click any of the links below: