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Jacksonville, FL Military Medical Malpractice Lawyer
Jacksonville, FL Military Medical Malpractice Attorney
Medical malpractice can change your life, especially if it happens in the military medical system. The legal case gets more complicated, though, when military people or their families are harmed in military healthcare institutions. Managing these complications calls for the aid of a Jacksonville, FL, military medical malpractice lawyer who knows both the medical and legal sides of such cases.
Why Choose Us?
In Jacksonville, Spohrer Dodd Trial Attorneys is here to help military families, veterans, and dependents who have suffered from negligent medical care at military or federal healthcare facilities. With decades of experience in handling Federal Tort Claims Act (FTCA) cases and a deep understanding of military medical negligence, our firm is well-equipped to advocate for your rights and help you receive the compensation you deserve.
Choosing Spohrer Dodd Trial Attorneys means partnering with a team that is dedicated to achieving maximum recovery for our clients. We have a proven record of success in navigating the complexities of military medical malpractice claims under the FTCA.
Our attorneys combine in-depth legal knowledge with a deep understanding of the military medical system to provide our clients with the appropriate representation they need. We are committed to guiding you through the legal process with compassion and precision, ensuring that your case is handled with the utmost care and that your rights are upheld.
Filing a Claim for Military Medical Malpractice
While military medical facilities, such as Naval Air Station Jacksonville in Jacksonville, FL, are bound by the same medical standards as civilian hospitals, filing a claim for malpractice within the military system is governed by specific federal laws, which can make it more difficult for some individuals to seek compensation. Understanding who can file a claim is the first step in determining whether you have a viable claim. Those who are eligible to file a claim include:
- Military dependents. Spouses and children of active-duty service members can file a claim against military doctors and federal healthcare providers for injuries caused by medical negligence.
- Veterans. Veterans who have received negligent care at a VA hospital or another federal healthcare facility are eligible to file a claim.
- Retired personnel. Retirees harmed by medical malpractice after their service, while receiving care at a military or VA hospital, can pursue legal action for damages.
Active-duty military personnel, however, are barred from filing medical malpractice claims due to the Feres Doctrine. This rule prevents active service members from filing a claim against the federal government for injuries sustained during their service, including injuries caused by medical negligence. Although this doctrine protects the government from liability, it does not apply to the families of active-duty service members.
For example, if a military spouse or child is harmed by substandard care at a military hospital, they can pursue a medical malpractice claim, and the active-duty service member may also be able to recover damages for emotional distress or loss of companionship.
Laws Regarding Military Medical Malpractice
Two primary laws govern medical malpractice cases involving military personnel and their families: the Feres Doctrine and the Federal Tort Claims Act (FTCA).
Feres Doctrine
The Feres Doctrine prohibits active-duty service members from filing a claim against the government for injuries that arise from their military service. This includes injuries from medical negligence at military hospitals. However, this doctrine does not extend to military dependents, veterans, or retirees, who retain the right to pursue legal action.
Federal Tort Claims Act (FTCA)
The FTCA is a federal law that allows private citizens to file a claim against the federal government for injuries caused by the negligence of government employees, including medical professionals.
Under the FTCA, individuals must first file an administrative claim detailing the negligent act and the damages sought. The government has six months to respond to the claim. If the claim is denied or no settlement is reached, the injured party can then file a claim in federal court.
Military medical malpractice claims fall under the FTCA, but strict procedural requirements must be followed. These include the two-year statute of limitations for filing a claim. Failure to meet these deadlines can result in the loss of the right to seek compensation, making it critical to consult an experienced attorney as soon as possible.
FAQs About Jacksonville, FL Military Medical Malpractice Laws
Can You Sue a Military Doctor for Malpractice?
Depending on your circumstances, you may be able to file a claim against a military doctor for malpractice. Under the Federal Tort Claims Act (FTCA), retirees, veterans, and dependents of active-duty military personnel may file a malpractice claim against military physicians.
However, the Feres Doctrine forbids claims against the government for injuries resulting from military service, including medical malpractice, by active-duty military personnel, so they are typically prohibited from bringing such claims.
What Is the Average Settlement for Medical Malpractice Claims in Florida?
The amount in a settlement for a medical malpractice claim in Florida varies due to a number of factors, many of which are unique to each case. However, high-profile cases with severe injuries can result in very large settlements or verdicts. Settlement amounts depend on elements such as the intensity of the injury, economic damages, and liability evidence.
What Qualifies for Medical Malpractice in Florida?
In Florida, medical malpractice is the result of a healthcare provider failing to satisfy the industry standard of care and thereby causing patient injury or death. This can cover misdiagnosis, surgical mishaps, drug errors, or neglect of urgent therapy. Malpractice requires proof that the provider’s carelessness directly resulted in the injury.
How Long Can You Sue for Medical Malpractice in Florida?
In Florida, you usually have two years to initiate a case after the date on which you learned—or should have learned—that there was medical negligence. Nevertheless, regardless of when the malpractice was detected, there is a four-year statute of repose, which states that no claim may be made more than four years after the malpractice happened.
Contact Spohrer Dodd Trial Attorneys
At Spohrer Dodd Trial Attorneys, our priority is securing maximum compensation for our clients. This can include compensation for medical expenses, lost wages, pain and suffering, and other damages. We understand the immense impact that medical malpractice can have on a person’s life and family, and we are dedicated to fighting for justice on your behalf.
If you or a family member has been injured by medical malpractice at a military or federal healthcare facility in Jacksonville, don’t wait to seek legal help. Contact us today to set up a consultation.
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