What is Military Medical Malpractice?
If you are active-duty military personnel or have veteran status and have received consultation from Military medical personnel that has worsened your condition? We are here to offer some helpful information that could be beneficial to you or your loved one. Some statistics have shown that medical errors are now the third leading cause of death in the United States. Members of the Military, active or veteran status, also fall victim to medical malpractice. If you are in need of a capable and trusted Military Medical Malpractice Attorney Long Island contact our offices. Tannenbaum, Bellantone & Silver, P.C are some of the most respected attorneys on Long Island. If you have been injured while in active-duty due to the negligence of doctors and require compensation contact us today.
In the past, active military personnel was unable to sue for negligence due to the Supreme court case of Feres v. United States in 1950. The supreme court ruled that the “United States government is not deemed liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces.” This was upheld until December 2019 when President Trump signed into law the 2020 National Defense Authorization Act, which permits the following to file claims for death or personal injury of military medical malpractice:
- Active 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
Now, if you believe you have a military medical malpractice suit that fits the above criteria, Tannenbaum, Bellantone, & Silver, P.C. is the law firm for you!
If you have obtained injuries due to military medical malpractices, don’t hesitate to file a claim and get the compensation you deserve. Under the Federal Torts Claims Act (FTCA), the statute of limitations for military medical malpractice claims is two years from when the plaintiff discovers injury and the cause of the damage.
Trustworthy Military Medical Malpractice Attorney Long Island
Working with the expert Attorneys at Tannenbaum, Bellantone, & Silver, P.C., located in New Hyde Park on Long Island, will result in the best chance of getting an outcome and justice you deserve. We specialize in representing clients who have suffered from injuries or illnesses in medical malpractice, military malpractice, personal injury, construction accidents, automobile accidents, and premise liability. We work with recognized doctors and professional experts to maximize the value of your case. We devote countless hours and attention to our clients’ cases to ensure every aspect of the claim is successful.
What is a military medical malpractice lawsuit?
A military medical malpractice lawsuit is when a service member is seeking competent medical treatment at a military or veterans facility and falls victim to medical malpractice by a military health care provider. This usually results in worsening of injuries or illness and, in severe cases, death. Research has been found that most military malpractice lawsuits occur due to a military health care provider’s failure to prevent infection, provide regular testing, or adequately administer medications. Navigating the course of action to file a military medical malpractice lawsuit can be quite challenging since the doctrine of “sovereign immunity” usually protects the federal government from being sued.
However an exception to the sovereign immunity doctrine that allows a person to bring a personal injury claim to federal court is The Federal Tort Claims Act (FTCA). If you are seeking compensation for injuries caused by the negligence of someone of a military member contact us for guidance. Our Military Medical Malpractice Attorney Long Island has the knowledge to provide quality legal representation.
Military Medical Malpractice includes, but is not limited to:
- Delay in Diagnosis
- An undiagnosed Condition causing Death or Loss in Quality of Life
- Anesthesia Errors
- Emergency Room Errors
- Negligence During Surgery
- Prescription Negligence
Suppose you have sustained injuries or illnesses due to a military health care provider’s malpractice or lost a loved one to the negligence of military health care providers. In that case, the attorneys at Tannenbaum, Bellantone, & Silver, P.C. on Long Island are here to assist you during this challenging time.