Military Medical Malpractice

Military medical malpractice cases present unique challenges, as service members and their families rely on military healthcare facilities for essential treatments and care. Mistakes in diagnosis, improper procedures, or inadequate follow-up care can severely impact a patient’s health, causing significant physical and emotional strain. For military families, working with a Prince George’s County military medical malpractice lawyer at Foran & Foran, P.A. can provide a path to justice when care falls below acceptable standards.

If you believe military medical malpractice has affected you or a family member, Foran & Foran can help you clarify your rights and options. Military malpractice cases often intersect with VA claims, making it crucial to understand how these claims differ, and the unique requirements involved. Our attorneys have extensive knowledge of military healthcare issues and are committed to advocating for military families seeking justice. Contact Foran & Foran to discuss your case today and explore related topics like hospital negligence for additional pathways to seek compensation and accountability.

Military medical malpractice cases involve distinct processes and legal requirements compared to civilian claims. Understanding these differences helps families make informed decisions about pursuing compensation and ensures compliance with specific filing protocols.

The Federal Tort Claims Act (FTCA)

The FTCA governs claims against federal institutions, including military medical facilities. This law enables military families to pursue claims when harm occurs due to medical negligence by federal employees. However, the FTCA has strict requirements, including a mandatory administrative claim process. A Prince George’s County military medical malpractice attorney can guide families through the FTCA process, helping them meet each requirement.

The Feres Doctrine

The Feres Doctrine limits active-duty military personnel from filing lawsuits against the government for injuries sustained during service, including those resulting from medical care. However, family members and veterans not on active duty are not bound by this restriction and may pursue claims under the FTCA.

These legal distinctions mean that military medical malpractice claims require careful attention to procedural details. Consulting a lawyer familiar with the FTCA can help you successfully navigate the claim.

Military medical malpractice can occur in many forms, with serious consequences for patients. Errors often arise from substandard care, delayed diagnoses, or inadequate follow-up procedures. Understanding common forms of malpractice helps identify where military healthcare providers may have fallen short.

Misdiagnosis or Delayed Diagnosis

Misdiagnoses and delays in diagnosis are frequent sources of military medical malpractice claims. Inadequate diagnostic testing or failure to interpret test results accurately can lead to delayed treatment and worsening patient outcomes.

Surgical Errors

Errors in surgery, such as operating on the wrong site or leaving surgical instruments inside the patient, can have devastating effects. In military hospitals, these errors are compounded by resource limitations and staffing constraints. A Prince George’s County military medical malpractice lawyer can help determine if errors in surgical care meet the criteria for a claim under the FTCA.

Medication Mistakes

Incorrect medications, dosages, or delays in providing necessary medication often occur in military medical settings. Patients who receive incorrect prescriptions face serious health risks, and these cases warrant investigation to determine if proper protocols were followed.

Each form of malpractice adds to the physical, emotional, and financial toll on patients and families. Legal representation provides support in building a case that addresses the unique elements of military medical care.

Establishing negligence in military medical malpractice cases requires demonstrating that the healthcare provider failed to meet standard care practices. Key steps in proving negligence include:

Documenting the Standard of Care

Military hospitals are held to the same standard of care as civilian facilities, and failure to meet this standard constitutes negligence. A Prince George’s County military medical malpractice attorney can work with experts to define the appropriate level of care for your case.

Expert Testimony

As with civilian malpractice cases, military cases often require expert testimony to support claims. Medical experts review records, assess whether care meets accepted standards, and help establish negligence.

Gathering Evidence

Evidence such as medical records, communication logs, and treatment notes supports negligence claims. A lawyer will help gather these records and compile evidence to build a strong case under the FTCA’s requirements.

Working with a legal team familiar with military malpractice cases ensures these essential steps are handled correctly.

If you or a loved one has been harmed due to military medical negligence, contact Foran & Foran for guidance. We are here to help military families seek the justice they deserve, ensuring that those responsible are held accountable.

Service members and their families deserve the highest standard of medical care, but negligence within military healthcare systems can lead to serious injuries and life-long harms. At Foran & Foran, we understand the unique challenges involved in pursuing military medical negligence cases and are committed to helping you navigate this complex process. Our team will fight tirelessly for justice and fair compensation, and with our contingency fee structure, you won’t pay any legal fees unless we can successfully connect your family with compensation. To learn more or to schedule a free consultation, call Foran & Foran at 301-441-2022. We proudly serve clients in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville, and surrounding areas.