Just like medical professionals working in privately operated healthcare facilities, doctors, surgeons, and specialists in military hospitals are expected to provide high-quality and compassionate care to all their patients at all times. Unfortunately, military doctors can sometimes cause harm to their patients by acting recklessly or carelessly on the job.

You may be entitled to compensation if you have been injured due to substandard treatment in a military medical facility. However, your path to financial recovery will look different from the one taken by a civilian injured at a private facility. Fortunately, an experienced Philadelphia military medical malpractice lawyer could help you effectively pursue your claim. Call Marrone Law Firm, LLC to get assistance from our dependable malpractice attorneys.

Military Malpractice Claims and the Federal Tort Claims Act

While malpractice claims against doctors employed at civilian medical facilities are governed by the laws of the applicable state, military medical malpractice claims are governed by the Federal Tort Claims Act. Federal tort claims require more specific information from the plaintiff about exactly how much compensation they are seeking and allow a period of up to six months after filing for the federal government to investigate the matter on its own.

Family members of active-duty military personnel can sue over the Federal Tort Claims Act for injuries suffered due to substandard care at a military healthcare facility. In contrast, due to the Feres Doctrine, active-duty military personnel cannot sue over substandard treatment from other on-duty medical providers. Alternatively, active-duty personnel can seek remedies through an administrative claim filed with the Department of Defense. A Philadelphia attorney could explain in more detail the difference between military medical malpractice claims and those involving privately owned facilities or family members of active-duty military personnel.

When and How to Sue Over Military Medical Malpractice

Under the Federal Tort Claims Act, those qualified to file a malpractice suit against a military healthcare provider have two years to do so. The most straightforward way to begin the claims process is by completing Standard Form 95 and submitting it to the federal agency responsible for overseeing the facility where the malpractice occurred.

Anyone working with a Philadelphia military medical malpractice attorney or some other authorized representative must include an affidavit with their initial complaint establishing that person’s authority to file on their behalf. Individuals who try to file suit over a medical mistake that falls outside the knowledge of the average layperson must draft and submit an affidavit affirming they have consulted with at least one qualified medical expert not employed by the Department of Defense who agrees they have valid grounds to file suit for malpractice. A lawyer could help injured individuals ensure they have filed correctly and with the support of a qualified medical expert.

Contact a Philadelphia Military Medical Malpractice Attorney for Assistance

Misconduct by healthcare professionals can have dire consequences for the patient and their loved ones. Unfortunately, seeking financial recovery for this type of loss can be complicated.

Support from a seasoned Philadelphia military medical malpractice lawyer could make a huge difference in how successfully you progress through this type of case. Contact Marrone Law Firm, LLC today to learn more.