07 Apr What Is Military Medical Malpractice?
When thinking of medical malpractice, the military members of our population may, unfortunately, be overlooked when it comes to these cases. As is the case with all patients, those who have had previous involvement in the military have the right to the appropriate healthcare. At Tannenbaum, Bellantone, & Silver, P.C., our goal is to keep these members of society protected. If you believe you have fallen victim to military malpractice, our attorneys will diligently help recoup the damages you need.
What Is Military Malpractice?
Military malpractice is essentially the same as any form of medical malpractice. It takes place when a member of the military, either active or a veteran, has suffered some sort of trauma due to the result of negligence from a treating physician. This negligence can lead to worsening conditions, and in some cases, even death. If this happens to you, our team can help assure that proper justice is served.
Who Can Sue For Medical Malpractice?
In the past, suing for medical malpractice was an arduous process that involved several limitations. There were many restrictions, and even if you were a victim of medical malpractice, if you were an active service member at the time of the 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 include:
- 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 For Active Members:
While the fact that active service members can now file for military malpractice, it’s important to understand that there are limitations in place. Our attorneys would like to walk you through these limitations, so you can understand a situation in which a case is able to be put together. Examples of the limitations that active service members face include:
- 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.
Substantiating Medical Malpractice Cases:
If you believe you’ve been affected by a medical malpractice case, working with the expert attorneys that comprise our team at Tannenbaum, Ballantone, & 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. When choosing our attorneys for representation, they will put a focus on proving:
- There was an existing doctor-patient relationship.
- The treating doctor exhibited negligent behavior.
- Any malpractice that was experienced led to specific damages.
The specific damages mentioned above can include:
- Physical pain.
- Mental anguish.
- Excessive medical bills.
- Issues that lead to loss of a job or earning capacity.
When you believe you have fallen victim to military malpractice, you should never sit around and accept these developments. There are professionals who are willing to fight on your behalf, such as the expert attorneys at our office. We will work tirelessly to gather the evidence needed to build a winning case and allow you to seek the justice of which you’re entitled. By utilizing our help, you greatly increase the chances of reaching a positive outcome from your case.
Don’t let those who have caused pain and anguish in your life get away with these wrongdoings. Contact the office of Tannenbaum, Ballantone, & Silver, P.C. to speak with one of our expert attorneys today. We can begin to start crafting your case and get you the damages you deserve as a result of military medical malpractice.