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. Contact our Military Medical Malpractice Attorney NYC today!.

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 Defense 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 Attorney NYC can help you! 

Who can File a Military Medical Malpractice Claim?

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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:

  1. 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.
  2. 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 Attorney NYC 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 Attorney NYC, 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 Attorney NYC, 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. 

It is understandable if you are confused as the legislation is new. The process can be confusing, but a Military Medical Malpractice Attorney NYC can help! At Tannenbaum, Bellantone & 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! Our law firm understands how complicated a medical malpractice case can be. We know finding the right military medical malpractice lawyer can be difficult. Contact us or visit our website for a consultation and get your questions answered!

FAQs about Military Medical Malpractice

What is medical malpractice?

Medical malpractice occurs when a medical professional fails to provide the standard level of care, resulting in harm to the patient.

Why should I hire a medical malpractice lawyer?

A medical malpractice lawyer specializes in these types of cases and can help you navigate the legal process to seek compensation for any damages you have suffered.

Can I sue for military medical malpractice?

Yes, active duty military members have the right to pursue a military medical malpractice case if they have been harmed by military medical negligence.

How can a lawyer help with my military medical malpractice case?

A lawyer can provide legal guidance, investigate the medical error, and help you build a strong case to hold the military medical facility accountable for their actions.