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Home | Destin, FL Military Medical Malpractice Lawyer

Destin, FL Military Medical Malpractice Lawyer

Destin, FL Military Medical Malpractice Attorney

Medical negligence is a severe problem with potentially disastrous outcomes, particularly concerning the treatment of service members and their families. While medical negligence exists in all healthcare systems, military medical malpractice presents special legal issues because of federal laws. Should you or a loved one have received inadequate military medical treatment, a Destin, FL, military medical malpractice lawyer can help.

best military medical malpractice attorney destin

Why Choose Us?

At Spohrer Dodd Trial Attorneys, we have a great deal of experience with military medical malpractice cases. Our staff is committed to assisting veterans, military families, and their dependents who were injured by careless medical treatment.

We are aware of the complexity of federal legislation, particularly the Feres Doctrine and the Federal Tort Claims Act (FTCA), which can restrict some military personnel’s capacity to seek compensation for medical negligence. Our legal knowledge and experience can enable us to guide you over obstacles and fight for the pay you are due.

Our first goal at Spohrer Dodd Trial Attorneys is to provide anyone affected by military medical misconduct with outstanding legal representation. Having decades of experience, our lawyers have effectively managed many FTCA cases. Our firm can make sure that our clients get the pay they are entitled to for their injuries.

We treat every case individually and have a firm grasp of the nuances of military medical negligence legislation. We can fight for your rights and strive for the greatest possible outcome for your situation.

What Is Military Medical Malpractice?

Military medical malpractice is the outcome of a healthcare provider working for a military or federal healthcare institution failing to satisfy the accepted standard of care, thereby injuring the patient. The degree of treatment that a reasonably competent healthcare professional in the same field would have given under such conditions is known as their standard of care. Medical malpractice can result from a patient being harmed when this threshold is not satisfied.

Military medical malpractice examples include:

  • Failing to accurately identify a medical problem or postponing a diagnosis could cause major complications or even death.
  • Severe harm can result from surgical errors, like operating on the incorrect body part or leaving surgical tools within the patient.
  • Prescription errors involving the wrong prescription, incorrect dosage, or neglecting to track a patient’s response to a drug can cause major injury.
  • Negligence in pregnancy, labor, or delivery can result in the long-term disability or death of the mother or child.
  • When a healthcare provider neglects to give the patient timely and suitable treatment, the patient’s condition may worsen, and damage could follow.

The legal process of filing military medical malpractice claims is more complex than in civilian malpractice cases, as the federal government is involved.

Filing a Military Medical Malpractice Claim in Destin, FL

Knowing your legal status is crucial, as not everyone is qualified to bring a military medical negligence claim. Generally, a claim for medical malpractice in a military or federal healthcare institution can be filed by the following groups:

  • Military dependents. Spouses and children of active-duty military personnel can file a claim against military doctors for medical negligence.
  • Veterans. Those who get careless treatment at a VA hospital or another federal government medical facility are qualified to file a claim.
  • Retirees who incur injuries resulting from medical misconduct at a military or VA hospital following their service might seek legal action.

The Feres Doctrine forbids active-duty service personnel from filing a claim against the federal government for injuries resulting from their military service, including those brought on by medical malpractice. Nonetheless, dependents and veterans are free to pursue compensation for their injuries and are not limited by this ruling.

Maximizing Compensation for Military Medical Malpractice Victims

Military medical malpractice victims in Destin can be entitled to recompense for a range of losses, including:

  • Medical expenses. These cover the expenses of operations, drugs, rehabilitation, continuous care, and medical treatment brought forth by malpractice.
  • Lost income. Claimants can receive compensation for lost income, should the malpractice cause one to be unable to work.
  • Pain and suffering. Victims can seek compensation for the mental and bodily suffering that the malpractice causes.
  • Loss of companionship. Compensation for the emotional and relational effects on the victim’s family or partner can also be an aspect of a military medical malpractice claim.

FAQs About Destin, FL Military Medical Malpractice Laws

Do Military Doctors Pay Malpractice Insurance?

No, military doctors do not pay for malpractice insurance. Unlike civilian doctors, military physicians are employed by the federal government, which covers any liability through the U.S. government itself. Under the Federal Tort Claims Act (FTCA), the government assumes responsibility for claims of medical malpractice, rather than requiring individual military doctors to carry their own malpractice insurance.

Can You Sue the Military for Emotional Distress?

Generally, under the Feres Doctrine—which forbids filing a claim for injuries connected to military service—active-duty military soldiers cannot file a claim against the military for emotional suffering. Under the Federal Tort Claims Act (FTCA), however, spouses, dependents, and veterans may seek claims for emotional suffering, should it be related to an injury resulting from medical malpractice at a military or federal facility.

Can a Veteran Sue the VA for Malpractice?

Under the Federal Tort Claims Act (FTCA), veterans can file a claim against the VA for malpractice, should they be injured by carelessness at a VA hospital or another government healthcare facility, such as Eglin Air Force Base Hospital in Destin, Florida. First, the VA has six months to react following the first filing of an administrative claim. Should the claim be refused or unsettled, the veteran may next launch a case before federal courts.

What Is the Feres Doctrine in Relation to Military Medical Malpractice?

Established by a 1950 Supreme Court decision, the Feres Doctrine forbids active-duty military soldiers from filing a claim against the federal government for injuries resulting from medical malpractice or other connected circumstances. It limits legal action for active-duty personnel but not for their dependents, veterans, or retirees. Therefore, military service members are barred from filing legal claims, even in cases of carelessness.

Contact Spohrer Dodd Trial Attorneys

If you or a family member has been injured by medical malpractice at a military or federal healthcare facility in Destin, don’t wait to seek the legal assistance you need. An attorney at Spohrer Dodd Trial Attorneys can help. Contact us today to discuss your case.

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