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Military Medical Malpractice Cases

There are several military hospitals in Connecticut created and operated by the Armed Forces to take care of their personnel and dependents. They play a crucial component in national security because military hospitals are there to keep our fighting men and women in top shape.

But what happens if they fail? What if instead of getting better, you end up in a worse condition due to negligence on their part? That is a possible scenario, no matter what hospital you go to.

Can you Sue the Military for Medical Malpractice?

Medical malpractice occurs when a health care professional fails to provide a standard level of care. Negligence is a common issue in this scenario.

Today, military hospitals provide health care services to millions of Americans. That includes armed forces personnel and their families.

The quick answer is yes, you can sue a military medical professional for malpractice as governed by the Federal Tort Claims Act of 1946.

If you need assistance from an experienced Connecticut military medical malpractice attorney, The Family Lawyer Team is ready to serve you. Contact us today and schedule a consultation.

Examples of Military Medical Malpractice

If you are a military member or have a family member serving in the military, you should have high expectations for your medical care. Unfortunately, malpractice can occur in military hospitals.

Some common situations where malpractice takes place include:

  • A misdiagnosis or late diagnosis of a health condition
  • Mistakes made during surgery
  • Failing to remove surgical tools after a procedure
  • Prescribing the wrong medication or wrong dosage of medication
  • Not warning the patient of the possible risks of a medical procedure

Federal Tort Claims Act

The Federal Tort Claims Act was created in 1946. The idea is to provide people with an avenue to make a claim against the federal government in cases where they receive injuries caused by government personnel. Medical malpractice in a military hospital is an example of this.

You are entitled to claim if you were injured due to medical malpractice in a military hospital. The defendant in the case is the United States government, not the individual who caused the injury. According to the FTCA, the responsibility still falls on the federal government.

You need to file your administrative claim within two years of the alleged injury caused by medical malpractice. The Attorney General and the appropriate District Attorney should receive the request. The specific amount and other details are to be outlined in the claim. If it is incomplete, it may be rejected.

The government will then conduct an investigation. If they do not complete it within six months, you can file the FTCA claim with the federal court.

Family Members Making the Claim

One of the benefits of serving in the military is that families and dependents can receive proper health care in military hospitals. If a family member is injured because of negligence or medical malpractice, they can claim under the Federal Tort Claims Act.

An active-duty member of the Armed Forces cannot claim medical malpractice if the attending health care professional is also on active duty or is an agent of the government. The Feres Doctrine outlines that rule.

Do you need help in claiming due to medical malpractice in a military hospital? Book a consultation with The Doctor Lawyer Team today.

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When injuries are severe or occur because of someone’s negligence, you need legal experience on your side. The Doctor Lawyer Team helps clients in Hartford, New Haven, Greenwich, Stamford, Niantic, and nearby Connecticut communities seek the compensation they need to have peace of mind and financial security during an already difficult time. Why is our firm the right place to go? Here are a few reasons:

  • Veteran-owned firm. We fought for our country and are prepared to fight for you.
  • No fee unless you recover. Legal fees require a financial commitment. However, our firm will not charge you unless and until you receive financial compensation for your injuries.
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Common Types of Medical Malpractice in Military Hospitals

Different types of medical services can lead to medical malpractice in military hospitals. A military doctor has the potential to be negligent. Any care provided by nurses or other health care professionals in a military hospital can lead to medical malpractice, as well.

Medical malpractice claims in military hospitals can cover the following:

  • Complications arising from surgery
  • Injuries during birth
  • Misdiagnosing an illness or condition
  • Providing the wrong medication

The majority of malpractice claims arise from misdiagnosis, negligence in conducting treatment, failures in medication, or failure to refer patients to the correct medical specialist.

Talk to a Military Medical Malpractice Attorney

If you have experienced medical malpractice inside a military hospital, consult The Family Lawyer Team. A competent Connecticut medical malpractice attorney will handle your case.

Military personnel and their families should have quality health care, and we are committed to going the extra mile to help our clients.

Schedule a consultation today, so we can discuss the details of your case. We look forward to working with you.

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Ask a Question,
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Call (860) 829-9467 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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