Can You Sue the Military for Medical Negligence? 2024

Many times, people may wonder, “Can you sue the military for medical negligence?” People pursue legal action to get compensation when medical carelessness causes major injury or even death. Pursuing a legal claim gets more difficult, though, if the negligent party is the military or some of its medical providers. A skilled military medical negligence attorney can help.

Understanding whether you can file a claim against the military for medical malpractice is absolutely vital for anyone impacted by insufficient treatment inside the armed services. However, you can pursue justice successfully as well as successfully navigate your alternatives.

Understanding Medical Negligence

Medical negligence is the outcome of a healthcare provider failing to give the expected level of treatment, therefore injuring the patient. In the civilian sphere, this could cover a spectrum of problems, ranging from surgical mistakes to misdiagnosis to drug errors to unsuitable treatment. Negligence in military medical treatment can also take many different forms.

Difficulties in Claiming Against the Military

One of the main legal obstacles in place to prevent one from filing a claim against the military for a medical error is sovereign immunity. This legal philosophy guards the federal government and its agencies against having a claim filed against them without permission.

Basically, unless specific circumstances allow, you usually cannot directly file a claim against the military for negligence. Sovereign immunity is meant to guarantee that legal claims do not impede government operations or disturb government processes.

Established by the 1950 U.S. Supreme Court case Feres v. United States, the Feres Doctrine presents yet another major obstacle. Active-duty service members are not allowed to file a claim against the federal government for injuries resulting from medical negligence or other causes related to their employment.

The Feres Doctrine’s justification is to keep military forces disciplined and operational by preventing court intervention in military affairs. The theory is divisive since it essentially eliminates a legal channel for active-duty troops to seek compensation for careless medical treatment.

Other Options for Compensation

If you or a loved one has been impacted by medical negligence inside the military system, there are other ways to seek compensation, despite these obstacles.

Federal Tort Claims Act

Among such substitutes is the Federal Tort Claims Act (FTCA). The FTCA lets people file a claim against the federal government for injuries brought on by staff member carelessness. Still, the FTCA contains particular restrictions and guidelines.

For example, the Feres Doctrine is not superseded, even if the FTCA offers a means for compensation claims. Active-duty service members cannot thus file a claim under the FTCA for injuries resulting from their military service. An administrative claim also has to be turned in to the relevant federal agency prior to filing a legal claim. This claim has to specify the type of carelessness and incorporate a particular demand for reimbursement.

The agency has six months to answer this claim as well. Should the answer fall short, you are free to launch a claim before federal court.

Dependents and Veterans

The quest for recompense is somewhat less restricted for dependents and veterans. Should the negligence take place at a military facility and cause injury or death, dependents—including spouses and children of active-duty service members—can submit claims under the FTCA.

Dependents are not impacted by the Feres Doctrine. Veterans who have gotten poor treatment at VA hospitals or DoD facilities also have the FTCA-claim option. Veterans are exempt from the Feres Doctrine, so they may pursue reimbursement for medical negligence resulting from their service.

Military and Veterans’ Benefits

Apart from legal claims, military and veterans’ benefits exist that could be rather helpful. For instance, death benefits provided by Servicemembers’ Group Life Insurance (SGLI) go to the heirs of departed military personnel.

VA benefits similarly can pay veterans and their families for service-connected injuries or death. These advantages can provide necessary financial help during difficult times, even though they do not immediately answer allegations of medical negligence.

Furthermore, there is an expectation placed on military medical facilities and providers of treatment to follow the same standards of care as their civilian counterparts. This implies that there can be legitimate claims for compensation, should breaches of these guidelines cause injuries or fatalities. Navigating these claims can be difficult, though, given the character of military medical treatment and the special legal protections in place.

FAQs

Can You Sue the U.S. Military for Negligence?

The idea of sovereign immunity and the Feres Doctrine makes it extremely difficult, if not impossible, to file direct charges of negligence against the United States military. There is, however, a provision in the Federal Tort Claims Act that allows for some exemptions for dependents and veterans during specific circumstances.

What Is Medical Negligence in the Military?

The term “medical negligence” in the military refers to situations in which medical professionals in the military fail to give care that is up to the generally accepted standard of care, which can lead to injuries or a worsening of conditions. Incorrect diagnoses, surgical errors, and incorrect treatment at military or VA clinics are all examples of the kinds of errors that fall under this category.

Can Active-Duty Personnel Sue for Military Medical Malpractice?

It is often not possible for active-duty service members to file a claim against the military for medical malpractice because of the Feres Doctrine, which shields the government from legal responsibility for injuries that are associated with military service. Disabled individuals and veterans, however, have legal options available to pursue such claims.

Can I Sue the Military for Misdiagnosis?

Due to the Feres Doctrine, it is not possible to file a claim against the military for a misdiagnosis if the patient was serving in the military. Nevertheless, you have the ability to bring a claim under the Federal Tort Claims Act if the incorrect diagnosis was made at a military or VA institution and it involved a dependent or veteran.

Contact Spohrer Dodd Trial Attorneys

If you or a loved one has been affected by medical negligence within the military system, don’t hesitate to explore your legal options. Contact our attorneys today for guidance. We can ensure that your claim is handled with the utmost care and precision.