Military Medical Malpractice Lawyer Nassau 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. When you need a Military Medical Malpractice Lawyer Nassau County that you can count on, contact our team
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.
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Contact Our Military Medical Malpractice Lawyer in Nassau County
Military Malpractice Broken Down
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.
What Are Military Medical Malpractice Lawsuits?
Have you or a loved one been injured due to a military doctor or healthcare provider’s negligence in a military hospital? Tannenbaum, Bellantone & Silver P.C. can help you receive compensation. Members of the military put their lives on the line and have given up so much to protect our country. It’s our turn to help you. Give Tannenbaum, Bellantone & Silver P.C. a call to learn more about how we can help with your military medical malpractice lawsuit.
Signed into law on December 20th, the 2020 National Defense Authorization Act made significant changes to how military personnel fills out military medical malpractice claims. This new law gives $400 million to the Pentagon to investigate military medical malpractice claims and award compensation. It also allows active-duty military personnel or their family members to file a claim for injury or death caused by negligence by a Department of Defence healthcare provider. This significant change in the law opens up the way to justice for service members who were hurt by negligent medical care while on duty.
Before the 2020 National Defense Authorization Act, the Federal Torts Claim Act prevented military members from filing a military medical malpractice claim. Now, it is possible to get compensation. If you or a loved one’s injury was due to a military healthcare provider’s lack of care, don’t hesitate to contact us. A Military Medical Malpractice Lawyer Nassau County can help you!
Who can File a Military Medical Malpractice Claim?
According to the 2020 National Defence Authorization Act, any active duty military personnel or veteran whose injury or death can be attributed to a military medical provider is eligible to file a claim. Any victim’s surviving member of kin may also file a claim. From the date of injury, victims have two years to file a claim. However, there are some restrictions to military medical malpractice lawsuits that you need to keep in mind:
- It will still not be possible for service members to file medical malpractice claims for injuries caused by medical malpractice while in a combat zone.
- Service members will not be able to sue in federal court.
Even with these restrictions in place, the new law opens a path for you or your loved one to receive compensation.
A Military Medical Malpractice Lawyer Nassau County can help you file a claim and get you or your family the compensation you deserve.
How to File A Claim
With help from a Military Medical Malpractice Lawyer Nassau County , you will need to fill out an SF-95 form. The SF-95 form requires you to answer the following:
- The date of the accident
- All known facts about the incident, including the people involved, where it occurred, and why the incident occurred
- The extent of the injury or the cause of death
- Any witnesses to the injury
- The amount of claim in dollars
You must also prove that the military healthcare provider caused an injury and that said injury caused damage to the victim.
After filling out the SF-95 form with a Military Medical Malpractice Lawyer Nassau County , it is time to submit it.
Where to Send A Claim
The address to file a military medical malpractice claim depends on what branch of the military you or your loved one served. The instructions for each unit of the armed forces are:
- Members of the Army: Present your claims to the nearest Office of the Staff Judge Advocate, the Center Judge Advocate of the Medical Center, or with U.S. Army Claims Service, 4411 Llewellyn Avenue, Fort Meade, Maryland 20755, ATTN: Tort Claims Division.
- Members of the Navy and Marine Corps: Mail your claims to the Office of the Judge Advocate General, Tort Claims Unit, 9620 Maryland Avenue, Suite 205, Norfolk, Virginia 23511-2949.
- Members of the Air Force: Claims should be presented either to the nearest Air Force Base Office of the Staff Judge Advocate. They can also be mailed 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.
After you filed your claim, a six-month investigation will occur before you can expect to hear the results.
Contact Our Experienced Military Medical Malpractice Lawyer Nassau County
It is understandable if you are confused as the legislation is new. The process can be confusing, but a Military Medical Malpractice Lawyer Nassau County can help! At Tannenbaum, Bellatone & Silver P.C., we take your situation seriously. Members of the military give their all to protect our country, so we can guarantee to give our all to protect you! Contact us or visit our website for a consultation and get your questions answered!