President Donald J. Trump signed into law the National Defense Authorization Act in December, 2019. This new law allows active-duty military personnel and their families to file medical malpractice claims for injuries or deaths related to the medical negligence of military medical providers. To date, active-duty members of the military were barred from filing such legal claims (under the Feres Doctrine).
Government Liability for Medical Malpractice
The new law gives military members significant legal rights previously withheld from them; however, the new legislation still comes with substantial limitations. For example, a military member may not file a medical malpractice claim for any medical injuries in a combat zone and military members are still not allowed to sue for medical malpractice in a federal court. All military medical malpractice claims must be administratively adjudicated.
All claims under $100,000 will be paid directly to the active-duty military member or their families if the military member died as a result of medical malpractice. If the claim is more than $100,000, the Treasury Department will independently review it.
Building a Strong Military Medical Malpractice Case
In some cases, military medical malpractice cases are even more challenging than medical malpractice cases against private medical practitioners. The legislation is new, and therefore, the law is ever-evolving and legally-challenging. Ultimately, a victim must prove that they suffered injuries as a direct result of the military medical professional acting with negligence. Our legal team is uniquely qualified to handle military medical malpractice cases and consists not only of experienced attorneys but also licensed physicians who have a deep understanding of medicine and can build a strong military medical malpractice case on your behalf.
Deadline to File a Claim
If you are a victim of military medical malpractice, you have two years from the date of your injury to file a claim to receive compensation for your losses and damages. However, as this is a new law, the legislation also allows any victim who had injuries as far back as 2017 to file a claim to receive justice.
Contact an Experienced Medical Malpractice Attorney
This new legislation is significant as it clears the way for justice for military members who have been victims of negligent medical care. There are few practicing medical malpractice lawyers who are also medical doctors. Ken Sigelman, J.D., M.D., is a physician who is licensed to practice law in California and Florida and before the United States Supreme Court. For more than 20 years, Dr. Sigelman, an award-winning trial lawyer, has had an exceptional record of verdicts, settlements and arbitration awards. If you suffered any injuries as a result of military medical negligence, contact our experienced and compassionate attorneys at 866-971-8956 or online today for a free consultation.