Military Medical Malpractice Lawyer Suffolk County
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.
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.
MEET OUR ATTORNEYS:
Contact Our Military Medical Malpractice Lawyer Suffolk County
About Military Malpractice Cases
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.
Can Military Members Sue for Malpractice?
For many years military personnel have been unable to file a claim of injury or death against military medical providers. In the 1950s, the supreme court ruled that active-duty military personnel are not able to hold the federal government liable for injuries or other conditions suffered during service.
This ruling was enforced by the Feres Doctrine. This doctrine prevents any person who suffered an injury during service from successfully suing the federal government under the Federal Tort Claims Act. However, in December of 2019 a new act, called the National Defense Authorization Act, allows military personnel and next of kin to file for claims of death and injury. If you are unsure about your eligibility to file a claim against military medical providers, reach out to us at Tannenbaum, Bellantone, & Silver, P.C. for a military medical malpractice Lawyer Suffolk Countyand see how we can help you today!
Who is Eligible to File a Claim?
As of now, military personnel and next of kin are able to file claims against military medical providers, but there are certain conditions that need to be met and certain roadblocks that need to be overcome. To better understand the law, and how your claim stands in the light of the new law, reach out to us at Tannenbaum, Bellatone, & Silver, P.C. for a military medical malpractice Lawyer Suffolk Countythat can help. Some of the conditions that need to be met include:
- Service members can not file medical malpractice claims for personal injury caused or treated in combat zones.
- The claim will not go through a federal claims court. All claims will be adjudicated administratively. This means by military courts and other similar systems.
- Victims have to file a claim within two years of the injury date. Because this new ruling has been put in place in 2020, victims from up to 2017 can file a claim now. However, victims from years before that will still be unable to file a claim or look for help.
Additionally, if the Defensive Department makes a decision you disagree with, there is little the victim and their families can do since the cases will not go through federal courts. Because of this, you need to make sure your initial claim has the best chance of succeeding as there will most likely not be a second chance or a way to appeal the decision. Claims that substantiate under $100,000 will be paid to the service member and next of kin by the Department of Defense, and claims higher than that amount will be paid by the Treasury Department. Because of the many different conditions and criteria that need to be met and overcome for your military medical malpractice claim to be successful, it is advised you seek professional help for your claim.
Military Medical Malpractice Lawyer Suffolk County
If you are looking for a military medical malpractice attorney in NYC, reach out to us at Tannenbaum, Bellantone, & Silver, P.C., and see how we can help your claim today.
What is Military Medical Malpractice Law?
Have you experienced malpractice in a hospital or other medical facility? Are you an active or retired member of the military? You may be entitled to compensation, for the negligent act or omission that the medical physician did that led to an injury. The law regarding medical malpractice has recently changed and allows for the active duty and next of kin family members to sue their medical providers for malpractice.
It was not always like this but changed at the end of 2019 when President Trump signed the new National Defense Authorization Act. If you feel as though you have been a victim of military malpractice or are looking for a military malpractice lawyer in Suffolk County, you should contact or visit Tannebaum, Bellantone, & Silver, P.C. for more information and details.
What is Medical Malpractice?
Medical malpractice occurs when a hospital, doctor, nurse, or any other healthcare provider, through negligent care, causes an injury to a patient. This can be a cause of error in diagnosis, treatment, health management, or aftercare procedures. According to the American Board of Professional Liability Attorneys, for any case to be considered malpractice it has to meet a specific set of characteristics. There has to be a clear violation of standard care, meaning that any patient has the right to expect quality care and if not then negligence may be established.
Next, an injury has to be caused by negligence. A violation of standard care is not enough, the plaintiff must prove that their injury was caused by negligence and would not happen if negligence was absent. Lastly, to make the case solid the plaintiff must show that there was a significant injury that occurred. If all these characteristics are met then cases can be made for medical malpractice.
Military Medical Malpractice
Before the new National Defense Authorization Act, signed by President Trump, the only groups that were able to sue their medical providers were all military dependents (spouse and kids of active members of the military), Veterans of the military (depending on where the malpractice occurred), and any retired personnel that who was affected by medical malpractice at any federal health care provider after they retired. Due to the Feres Doctrine, 1950 supreme court decision, active members of the military are not able to sue the federal government due to negligence. Today with the new National Defense Authorization Act active members of the military can file claims for deaths and personal injury caused by medical malpractice.
The Feres Doctrine
The Feres doctrine was created from a 1950 Supreme Court case of Feres vs. The United States. In this doctrine, active military members are not able to sue the government from injuries that occur during their services, even injuries that arise from medical malpractice. Also under the doctrine, dependents are prohibited from suing the federal government for wrongful death claims, even if negligence was the cause of death. This 70-year doctrine has made it impossible for members of the military to sue for malpractice, and now with the new 2020 National Defense Authorization Act, they can sue the federal government for malpractice.
How to start a medical malpractice case
When starting a medical malpractice case there are some critical steps that you have to go about. Here are some basic steps that you should follow when attempting to file a medical malpractice case:
- Contact the medical professional involved
- Contact the relevant licensing board
- Be aware of how long you have to file a claim for malpractice
- Get an assessment of how critical your injuries are- it is important to get an opinion from another medical professional because if the injury is minor it may be better to get it fixed rather than go to court.
- Consider an out-of-course settlement- Medical malpractice cases can be costly and timely. If there is any type of possibility the defendant offers a settlement. You should consider it because of the time it can take to go through the legal process.
- Get help from a medical lawyer.
Contact Our Military Malpractice Lawyer Suffolk County
Tannenbaum, Bellantone, & Silver P.C are here to offer our services if you are considering filing a medical malpractice case. Our experienced staff is here to answer any questions or concerns you may be worried about. We offer a wide array of services that apply to different areas of the law. If you are looking for a military medical malpractice lawyer on Suffolk County, you should contact or visit Tannenbaum, Bellantone, & Silver P.C.