When a member of the military is a victim of medical malpractice, their options for obtaining compensation for their injuries are severely limited by the Federal Tort Claims Act. Before an individual can file a lawsuit against the government for medical malpractice, they must first file an administrative claim directly against the federal agency responsible.
Definition of the Federal Tort Claims Act
In 1946, the U.S. Congress enacted the Federal Tort Claims Act (FTCA). This act allows citizens to sue the government for harm committed by employees of the U.S. government. There are specific requirements that must be followed during the process. A claimant may only be entitled to receive monetary compensation for:
- Property loss
- Personal injury to the victim
- Wrongful death caused by negligence
It is important to note that a case can only be brought if the government employee was acting in the scope of their duty at the time.
Who Can File a Military Malpractice Case?
Active duty personnel are barred against filing a medical malpractice case; however, they can file a claim on behalf of their spouse or child. Individuals not currently on active duty who suffered a medical malpractice injury or received substandard care at a military medical facility can file a claim against the government. Spouses and dependents of active military duty personnel can file a claim as well as retirees. The Military Claims Act may allow non-active duty personnel to file a claim for compensation if they were injured at an American military hospital that operated outside the U.S.
In a medical malpractice claim, the plaintiff must prove, by a preponderance of the evidence, that the healthcare provider’s negligence was the direct cause of injury or death. The plaintiff will be required to present testimony by qualified medical experts. Even if you are on active military duty and are injured due to negligence by a military contractor, you can sue them because they are a private contractor and not a government employee.
Exceptions Under the Federal Tort Claims Act
Some notable exceptions under the FTCA include:
- Claims arising from incidents that occurred in a foreign country
- Intentional acts, such as assault, false imprisonment, false arrest, abuse of process, malicious prosecution, libel or slander (unless these were committed by a federal law enforcement officer)
- Any claim in which the victim was killed or injured due to combatant activities of the military during the time of war
One major exception to filing a claim under the FTCA is known as the “Feres Doctrine”. Feres v. United States is a case where the U.S. Supreme Court ruled that the government couldn’t be held liable by active duty military personnel when they become injured as a result of negligence.
Tips on Filing a Claim
An administrative claim must be filed with the federal agency that was responsible for causing the harm. You must file the clam within two years from the date the incident occurred and it must be served upon the U.S. District Attorney and the U.S. Attorney General. Your claim must include the exact amount of damages you are seeking. Once the claim is received by the government, they have six months to investigate and make their findings. A United States District court judge will make the final decision regarding the claim. If they fail to give you a decision after six months, you can proceed with your lawsuit in federal court.
When to Talk to a Medical Malpractice Lawyer
Filing a medical malpractice claim against the military or government can be a lengthy process. The federal laws are extremely complicated and require an experienced professional to work within those guidelines. When you or your family member has suffered due to medical negligence, hiring an experienced medical malpractice attorney is the best course of action you can take.
