Can you Sue for Military Negligence?

Medical malpractice is a violation of the standard of care caused by negligent actions resulting in damages to the injured party. In order to have a valid medical malpractice case, you must make sure that there was a duty owed to the patient, that that duty was breached, an injury resulted from the breach in duty, and this breach caused damages to the patient. These damages could be a loss of money, pain, suffering, and inability to work resulting from the injury. You can sue military doctors for medical malpractice. If you’re in need of a military medical malpractice attorney in Lake Success, check out Tannenbaum, Bellantone, & Silver, P.C.

If you experienced medical malpractice due to a military doctor, you could sue the military for negligence. Members of the military who are not on active duty can sue the military for medical malpractice; in the same way, they would sue any private practice. Dependents of active duty military members (such as their spouses or children) can sue the military for malpractice, and so can retired veterans who were taken care of at a VA hospital (a hospital operated by the U.S. Veteran Affairs Department). 

Veterans not on active duty can also sue the military for medical malpractice. Recently, a new law was signed that allows active duty service members to sue the military for malpractice. There are some guidelines that active-duty servicemen must follow when using the military for malpractice, as this new law was only signed into effect at the end of 2019.

Guidelines for Active Military Service members to Follow when Suing for Negligence

• If the injury took place in a combat zone, you’re not eligible to sue
• Medical malpractice cases must not be taken to federal court
• If the injury took place before 2017, you are not able to sue
• You must make your claim to the department of defense within two years of malpractice 

Economic damages will be granted after taking into consideration past and future medical expenses, lost earnings, loss of earning capacity, and money paid for necessary in-home care. When awarding non-economic damages, they will take into consideration past and future pain and suffering and loss of quality of life.

Non-economic damages can be claimed for up to $500,00. Medical malpractice claims for less than $100,000 will be paid directly to the servicemember by the Defense Department. Claims for more than $100,000 must be reviewed before being paid and will eventually be paid by the Treasury Department. 

Military Medical Malpractice Attorney in Lake Success

If you think that you or someone you know has been a victim of medical malpractice in the military, check out Tannenbaum, Bellantone, & Silver, P.C. We are malpractice attorneys with a specialty in military medical malpractice law. If you’re looking for a military medical malpractice attorney in Lake Success, check out Tannenbaum, Bellantone, & Silver, P.C. To get started on your case, contact us and schedule a consultation today.