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Augusta, GA Military Medical Malpractice Lawyer
Augusta, GA Military Medical Malpractice Attorney
Patients and their families may suffer greatly as a result of medical malpractice, especially if it takes place in military hospitals. Should you or a loved one experience medical negligence while undergoing treatment at a military hospital, including Eisenhower Army Medical Center in Augusta, GA, you could be entitled to reimbursement. An Augusta, GA, military medical malpractice lawyer at Spohrer Dodd Trial Attorneys can assist you in pursuing a claim to recover your losses.
Why Choose Spohrer Dodd Trial Attorneys?
Having handled military medical negligence claims for many years, Spohrer Dodd Trial Attorneys is well-versed in the statutes controlling these claims. Our staff is dedicated to speaking out for people who have been injured by medical negligence at military facilities, including the Eisenhower Army Medical Center in Augusta, GA. We have a demonstrated history of securing compensation for our clients, so we understand the complexity involved.
Our committed approach and thorough understanding of both military healthcare systems and medical malpractice legislation equip us to handle your matter with care. Fighting for justice and guaranteeing that your rights are safeguarded throughout the legal process are our key priorities.
Understanding Military Hospital Medical Malpractice
Medical malpractice is the result of a healthcare provider failing to satisfy the established standard of care, thereby endangering the patient. Any medical environment—including military hospitals—can be responsible for this. Medical negligence sometimes manifests as misdiagnosis, surgical mishaps, drug errors, and neglecting the timely treatment of life-threatening diseases.
Nonetheless, distinct laws and rules control medical malpractice claims involving military institutions more than in civilian instances. This can complicate the process of seeking justice.
Why Is Military Medical Malpractice Different?
Cases involving military medical misconduct fall under particular federal laws, such as the Feres Doctrine and the Federal Tort Claims Act (FTCA). These rules control who might bring a claim and under what conditions.
The FTCA lets people file a claim against the U.S. government for injuries brought on by federal staff members—including military doctors—who acted with negligence. The Feres Doctrine, which forbids claims for injuries suffered while in military service, usually bars active-duty service personnel from claiming for medical malpractice, too.
However, under the FTCA, military dependents, veterans, and retirees are not excluded from submitting medical malpractice claims. Should a family member suffer injuries resulting from carelessness in a military hospital, such as the Eisenhower Army Medical Center, they can be qualified for reimbursement. Pursuing a strong claim requires an awareness of these intricate regulations and their application to military malpractice situations.
Forms of Military Medical Malpractice
Military medical negligence can manifest itself in several ways. Common forms of neglect observed in military healthcare environments include:
- Delayed diagnosis or misdiagnosis. Any delay in a condition’s correct diagnosis can have dire effects, including death or worsening medical conditions.
- Errors in surgery, such as operating on the incorrect body area or leaving tools within the patient’s body, can cause life-threatening consequences.
- Medication errors, such as writing the incorrect prescription or dosage, can be rather dangerous, particularly for people with multiple underlying diseases.
- Birth injuries. Mistakes made during birth or pregnancy could cause harm to the mother or the child, including disorders like developmental delays or cerebral palsy.
- Failure to offer required therapy or follow-up care can result in major medical problems.
How a Lawyer Might Assist in Augusta, GA
Managing a military medical negligence claim requires a very knowledgeable approach. Medical malpractice attorneys can help in the following ways:
- We can evaluate your case’s facts, ascertain whether malpractice happened, and clarify your legal alternatives.
- Our attorneys can manage the complex steps required in submitting a claim under the FTCA—including the administrative filing process and federal agency negotiations.
- Compile proof, speak with medical professionals, and create a solid case showing that the military healthcare provider’s carelessness directly resulted in an injury.
- Should the government reject the administrative claim, we have experience bringing your matter before a federal court and advocating for complete compensation.
Possible Losses in a Military Medical Malpractice Incident
Should medical malpractice cause injury to you or a loved one at a military location, you can be qualified for reimbursement for the losses you experienced. Among these losses could be:
- Medical expenses, such as hospital bills, surgery, rehabilitation, current treatment, and past and future medical costs
- Reimbursement for income lost by your inability to work as well as for reduced earning capacity
- Damage for the mental and bodily suffering that the malpractice caused
- Loss of emotional support and companionship, should a loved one have suffered catastrophic injuries or death resulting from medical negligence
FAQs About Augusta, GA Military Medical Malpractice Laws
Do Military Doctors Pay Malpractice Insurance?
No, military doctors do not typically pay for malpractice insurance. Because they are employees of the federal government, they are protected by sovereign immunity and are generally shielded from personal liability. Instead, any claims of medical malpractice are handled under the Federal Tort Claims Act (FTCA), meaning that the federal government is responsible for paying any settlements or judgments, not the individual doctors.
Can You Sue the Military for Emotional Distress?
Yes, you can file a claim against the military for emotional distress under certain conditions, but it can be complex. While active-duty service members are barred from filing against the military due to the Feres Doctrine, dependents, veterans, and retirees may file claims for emotional distress if it’s related to medical negligence or wrongful conduct under the Federal Tort Claims Act (FTCA).
What Is the Hardest Element to Prove in a Medical Malpractice Case?
The hardest element to prove in a medical malpractice case is commonly causation. It must be demonstrated that the healthcare professional’s negligence was a direct cause of the patient’s injury or harm. Since many patients are already ill or injured, proving that the harm resulted from negligence rather than an underlying condition can be challenging, and it typically requires professional medical testimony to do so.
How Much Are Most Medical Malpractice Settlements?
Most medical malpractice settlements vary widely based on the severity of the case and location. More severe cases involving permanent disability or death can result in much higher settlements than those that are less serious. Factors such as medical costs, lost wages, and pain and suffering contribute to the settlement amount.
Contact Spohrer Dodd Trial Attorneys Today
If you or someone you know has suffered an injury as a result of military medical malpractice, we can help. Contact us today to schedule a consultation.
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