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Breaking Down Military Malpractice Cases

You may have heard that this past year, the government passed the 2020 National Defence Authorization Act. This act drastically changed how we approach military malpractice claims. It might be hard to wrap your head around all the recent changes. That’s why we at Tannenbaum, Bellantone, & Silver, P.C., a military medical malpractice attorney NYC, would like to break down the process so you can make take the steps needed to get the compensation you deserve! 

What Were Military Malpractice Cases Like Before?

Before the 2020 National Defence Authorization Act, the Feres doctrine blocked active military personnel and their families from suing the government for medical malpractice. Previously, any medical malpractice claims the government received would be discarded, no matter how severe the claim was. The 2020 National Defence Authorization Act changed this.

What has the 2020 National Defense Authorization Act Changed?

Now, active military personnel and their families can sue the government for medical malpractice with the help of a military medical malpractice attorney NYC. However, there are a few restrictions, including: 

  • Active military personnel will not be allowed to file a medical malpractice claim for a personal injury caused by negligence in a combat zone.
  • All claims must be handled administratively; military personnel cannot sue in federal court. 
  • There is a two-year statute of limitation on all medical malpractice claims. Any incident occurring after two years will not be eligible to file. 

Even with those restrictions in place, the 2020 Defence Authorization Act is a massive step in the right direction for active military personnel and their families to get the compensation they deserve. 

Examples of Medical Malpractice

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For a claim to be considered malpractice, negligence must have caused the injury or death. Some examples of medical malpractice include:

  • Failure to diagnose
  • Misdiagnosis 
  • Ignoring or misreading laboratory results
  • Unnecessary surgery
  • Surgical errors
  • Improper medication or improper dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Disregarding patient history
  • Failure to recognize symptoms 
  • Failure to order proper testing
  • Childbirth mistakes

If any of the incidents above occurred to you or a loved one, contact a military medical malpractice attorney NYC to start filing a claim! 

How Can I File?

With the help of a military medical malpractice attorney NYC, you or a family member can file a medical malpractice claim. Your attorney will assess your situation and help form a case. Tannenbaum, Bellantone, & Silver, P.C. has an abundance of experience dealing with military malpractice cases, so you are in good hands!

Make sure to have all of the information about the incident ready. You should know the date the malpractice occurred, the doctors and staff involved, any witnesses, and the damage the malpractice caused you or your loved one. 

Generally, a military malpractice attorney NYC will file a medical malpractice claim with Standard Form 95. After that form is filled out with a military malpractice attorney’s help, it is time to send out the claim. The address to send the form differs depending on what branch of the military you serve. The addresses to send a claim for each department are:

  • Army – You should present your claims to the nearest Office of the Staff Judge Advocate, the Center Judge Advocate of the Medical Center in question, or with U.S. Army Claims Service, 4411 Llewellyn Avenue, Fort Meade, Maryland 20755, ATTN: Tort Claims Division.
  • Air Force – You should present your claims at the Office of the Staff Judge Advocate at the nearest Air Force Base. You can also send them by mail to AFLOA/JACC, 1500 W. Perimeter Road, Suite 1700, Joint Base Andrews, MD 20762. POC: Medical Law Branch, AFLOA/JACC 240-612-4620 or DSN 612-4620.
  • Navy and Marine Corps – You should mail your claims to the Office of the Judge Advocate General, Tort Claims Unit, 9620 Maryland Avenue, Suite 205, Norfolk, Virginia 23511-2949. More information, directions, and forms for filing a claim can be found at https://www.jag.navy.mil/.

A Military Medical Malpractice Attorney NYC Can Help

If this all sounded confusing, don’t worry, you’re not alone. At Tannenbaum, Bellantone, & Silver, P.C., we can help you file a claim so justice can be served! We’ll help you every step of the way. We’ll make sure the process is as simple as possible. We want to be certain filing a medical malpractice claim is as stress-free as possible, so all you have to worry about is getting compensation. If you are interested in our services, call us or visit our website to schedule a consultation. Don’t let your case be ignored!