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 attorney in NYC and 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 attorney in NYC that 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 Attorney in NYC
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.