Military Medical Malpractice Attorney Long Island

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Tannenbaum, Bellantone & Silver P.C. is a law firm that limits its practice to the representation of injured and sick clients in personal injury, medical malpractice, nursing home, construction accident, military malpractice, automobile accidents, and premise liability litigation. Our firm is trial counsel to many well known and respected firms throughout the metropolitan area. We have a long and successful track record in our areas of practice. Contact our military medical malpractice attorney Long Island to begin the process of your suit.

We work with recognized doctors, certified industrial hygienists, pharmacologists, physical therapists, economists, vocational specialists, life care planners, accident reconstructionists, and other experts to maximize the value of your case.

To better serve the needs of our clients and to assure proper attention to every case, we limit our practice to the representation of seriously injured people. If you are unable to meet with us at our offices, we will be pleased to meet with you at a convenient location. Please feel free to contact us to obtain an evaluation of your case. One of our attorneys will promptly respond to your inquiry.

Schedule a Consultation With Our Military Medical Malpractice Attorney on Long Island!

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:

• Misdiagnosis
• Delay in Diagnosis
• An undiagnosed Condition causing Death or Loss in Quality of Life
• Anesthesia Errors
• Emergency Room Errors
• Negligence During Surgery
• Infections
• 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.

Are There Limitations to Who Can Take Action in a Military Medical Malpractice Suit?

After you or a loved one have suffered an injury due to another party’s negligence, the last thing you want to worry about is trying to figure out if you are limited in the action you can take to receive the compensation you need. A free consultation with our Military Medical Malpractice Attorney Long Island will provide you answers to any questions you have.  Yes, it is essential to know the criteria and limitations when determining if you can file a military medical malpractice claim for death or personal injury. Our knowledgeable attorney can inform you of the requirements for filing a suit. The requirements to file are as follows:

• 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

While on the other hand, some limitations to file a military medical malpractice claim for death or personal injury are as follows:

• Active members could not 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
• The Department of Defense is where your case will be presented. It will be reviewed by either a service member or their legal representative, including surviving family members and attorneys.

These limitations can be challenging to come to terms with if they affect your ability to file a claim for military malpractice. For more information on Military Medical Malpractice and the effects, Feres Doctrine has on filing claims, read the following article. You can also contact us at Tannenbaum, Bellantone, & Silver, P.C we are proven Military Medical Malpractice Attorney Long Island.

How Can a Military Medical Malpractice Attorney Long Island Help you?

Having a lawyer throughout the process of filing a military medical malpractice suit is essential. Your lawyer will be your confidant during this challenging journey of trying to get the justice you deserve. Military medical malpractice suits are more involved in comparison to other medical malpractice suits. For instance, the critical part of starting a military medical malpractice suit is that those eligible under the Federal Tort Claims Act (FTCA) are first required to submit a Standard Form 95 for damage, injury, or death. This form includes the full amount of damages suffered; the maximum amount of damages you can claim is $100,000. Any awards given will be limited to the amount listed on Form 95, so one must be aware of this while filing.

It is also essential to know that Standard Form 95 needs to be submitted to the branch of Military you serve. The addresses information for each component of the Military are as followed:

• Army: Claims should be presented to the nearest Office of the Staff Judge Advocate, to 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.
• Navy and Marine Corps: Information, directions, and forms for filing a claim may be found at https://www.jag.navy.mil/. Claims should be mailed to the Office of the Judge Advocate General, Tort Claims Unit, 9620 Maryland Avenue, Suite 205, Norfolk, Virginia 23511-2949.
• Air Force: Claims should be presented either at the Office of the Staff Judge Advocate at the nearest Air Force Base or sent 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.

A crucial way an attorney can help you during the process of a military medical malpractice suit is they can file the Standard Form 95 on your behalf! Attorneys who are familiar with the procedure and regulations under the Federal Tort Claims Act (FTCA) will be able to ensure the form is processed correctly and in a timely manner.

Schedule a consultation with the Military Medical Malpractice Attorney Long Island at Tannenbaum, Bellatone, & Silver, P.C.! With our knowledge on FTCA, we can help you fill out your Standard Form 95 and get your military medical malpractice suit filed to your military branch in no time!

What Can I Expect From This Kind of Lawsuit?

There is a particular order in which filling a military medical malpractice suit must occur. The steps are as followed:

• Step One: The incident occurs, and you seek to file a military medical malpractice suit
• Step Two: Determining if you fit the criteria to file a claim and pass the limitations that could be an obstacle
• Step Three: Submit a Standard Form 95 for damage, injury, or death, including the full amount of damages to your military branch.
• Step Four: Once the Department of Defense has received your claim, the Secretary of Defense will review your case. The medical faculty being held accountable has six months to review the suit and decide what action is necessary.

Once the claim has been received and is under review, the claim can result in one of four outcomes:

• Outcome 1: It can be determined as a valid claim and will settle for the full claim amount 
• Outcome 2: It can be defined as a valid claim and will settle but, for less than the requested amount
• Outcome 3: The claimed can be rejected
• Outcome 4: Failure to get a response from the Secretary of Defense is also deemed as a rejection of the claim

If you received a rejection of your claim or no response resulting in rejection, there is further action you can take. Under the Federal Tort Claims Act, if your military medical malpractice lawsuit is rejected after six months of submitting your Standard Form 95. You can then file a lawsuit in federal court within a six month period of time. In this case, as the plaintiff, you would have no right to a jury trial under the Federal Tort Claims Act. Instead, your case will preside with a judge who will determine if and to what extent the federal government is liable for the military malpractice lawsuit.

Tannenbaum, Bellantone, & Silver, P.C – Military Medical Malpractice Attorney Long Island

Our expert attorneys at Tannenbaum, Bellantone, & Silver, P.C Firm have achieved several verdicts & settlements in medical injuries throughout the years. We have achieved repayment for our clients over millions of dollars in either settlements or awards.
We will work diligently for the brave men and women who so courageously protect and serve our great nation. It is our turn to help our service members of the Military get the compensation and justice you rightfully deserve and make the process of filing a military medical malpractice suit less complex. Contact Us to start the process of your military medical malpractice lawsuit!