Military Malpractice

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.