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Military Malpractice

military medical malpractice attorney in lake success

Tannenbaum, Bellantone & Silver, P.C.

Military Medical Malpractice Lawyer

If you were harmed by negligent medical care while serving in the military or receiving treatment through a VA hospital or federal medical facility, you may be entitled to compensation. Our military medical malpractice attorneys help active duty service members, veterans, retirees, and their families hold government medical providers accountable and pursue justice for life-changing injuries.

Medical malpractice in military and federal healthcare systems can lead to severe complications, permanent disability, and even wrongful death. Whether your injury occurred during routine treatment, surgery, childbirth, or emergency care, our legal team is here to explain your rights and guide you through every step of the claims process with clarity and care.

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Get a Free Military Malpractice Case Evaluation

If you believe a military doctor, VA physician, or federal healthcare provider caused or worsened your injury, our attorneys can review your case, explain your legal options, and help you understand what compensation may be available — at no cost and with no obligation.

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Military Medical Malpractice Laws & Your Legal Rights

Military medical malpractice claims are governed by federal law and special rules that differ significantly from civilian malpractice cases. While service members were historically barred from bringing claims, a federal law enacted in December 2019 expanded the right to seek compensation for medical negligence.

Our military malpractice lawyers carefully evaluate:

  • Whether your injury was caused by a military doctor, VA physician, or federal healthcare provider
  • Whether the medical professional failed to meet accepted standards of care
  • Whether delayed diagnosis, surgical error, improper treatment, or medication mistakes occurred
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  • Whether your condition worsened due to negligence
  • The full extent of your medical expenses, lost income, disability, and future care needs
  • Whether you qualify to bring a claim under current federal military malpractice rules

If you are unsure whether your situation qualifies, we can review your case and determine whether federal medical negligence played a role. 

Why Choose TBS Lawyers for Military Medical Malpractice?

Our firm has decades of experience representing victims of complex malpractice and catastrophic injury cases throughout New York. Military malpractice claims involve unique federal procedures, strict filing deadlines, and aggressive government defense teams — and we know how to navigate them.
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How We Can Help After Military Medical Negligence

Our dedicated military malpractice attorneys will provide:

  • Thorough investigations backed by medical experts and military healthcare records
  • Strategic handling of federal administrative claims
  • Aggressive pursuit of fair financial compensation
  • Trial-ready case preparation when needed
  • Clear communication and honest guidance
  • Ongoing support, updates, and defined next steps

Speak With a Military Medical Malpractice Lawyer Today

You should not have to face the consequences of medical negligence alone. If you or a loved one was harmed by substandard medical care within the military or VA healthcare system, our team is ready to help you pursue accountability and justice.

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Frequently Asked Questions

Under federal law, several groups may be eligible to bring a military medical malpractice claim. These include active-duty service members, veterans, retired military personnel, and the next of kin of active-duty members. Veterans may file claims if they were injured at a VA hospital or another federal medical facility. Active-duty members may file claims for non-combat-related medical negligence that occurred at military or federal healthcare facilities.

Military medical malpractice claims are subject to strict federal deadlines. In most cases, you must file a claim within two years from the date you knew or should have known that your injury was caused by medical negligence. Because these deadlines are firm and filing errors can permanently bar recovery, it is critical to speak with an attorney as soon as possible.

Yes. To succeed in a military medical malpractice claim, you must show that the healthcare provider failed to meet accepted medical standards and that this failure directly caused harm. This typically requires medical records, expert opinions, and detailed analysis of how the care you received deviated from proper medical practice. Our firm handles the investigation and expert review needed to build a strong case.

If your claim is approved, you may be eligible to recover compensation for medical expenses, lost income, long-term disability, pain and suffering, and future care needs. In wrongful death cases, surviving family members may also be entitled to damages for loss of financial support and companionship. While military malpractice cases are handled differently from civilian lawsuits, meaningful financial recovery is available in qualifying cases.

Yes — in many situations. Federal law now allows active-duty service members to seek compensation for medical malpractice that occurs outside of combat zones. If your injury happened at a military hospital, clinic, or federal medical facility during routine care, surgery, or treatment, you may qualify for a claim even if you were actively serving at the time.

Military malpractice is essentially the same as any other form of medical malpractice. It can take place when a member of the military, active or veteran status, is suffering from or has suffered from trauma due to the negligence of a treating physician.

 

The negligence that has taken place can lead to worsening conditions, and in some cases, even death. If this happens to you, don’t let your case be overlooked, our team specializes in malpractice law and can help assure that proper justice is served.

Who is able to sue for military malpractice?

In the past, if you were an active service member at the time of your incident, you were not eligible to sue. However, thanks to a law that was signed into effect in December of 2019, those who can sue for medical malpractice now includes:

  • Activity duty military service members.
  • Next of kin of active duty military service members.
  • Veterans if they were injured in a VA hospital or another federal care facility.
    Retired military personnel.

Limitations to keep in mind:

  • Active members cannot sue for medical malpractice if it took place in a combat zone.
  • Medical malpractice cases cannot take place in federal court.
  • Those who have been affected by medical malpractice before 2017 are currently unable
    to receive any damages.

 

If you believe you’ve been affected by a medical malpractice case, working with the expert attorneys that comprise our team at Tannenbaum, Bellantone & Silver P.C. will provide you with the best chance of reaching a favorable outcome. Our team is well versed in what goes into crafting a successful military malpractice case and will utilize our knowledge to help all clients that are interested in our services.