MMedical malpractice is defined as the omission made by a physician during the treatment of a patient that breaches the level of care that the greater medical community considers reasonable. In some cases, medical malpractice can lead to some truly significant and devastating damages that can affect a patient for a lifetime. This is true of public hospitals, private hospitals, and for the sake of this article, military hospitals. Military hospitals are hospitals reserved for the use of members of the military, their dependents, and any other authorized users. Just like regular hospitals, military hospitals can be found liable for medical malpractice. However, the process of suing a military hospital for medical malpractice can be somewhat challenging as the rules and regulations that influence these suits can be somewhat complicated. Fortunately, one of our skilled Los Angeles, military hospital malpractice attorneys can guide you through the process of building your case, filing your claim and collecting compensation for the damages that you have experienced. If you have any questions after reading this article, please feel free to reach out to one of our law offices for a free consultation from one of our top-rated legal associates.
What Are Military Hospitals?
As mentioned prior military hospitals are intended to treat military personnel, their dependents and any other authorized user. These medical facilities can be located on military bases or away from them. Military hospitals are often confused with Veterans Hospitals. While military hospitals treat military personnel, Veteran’s Hospitals, or VA hospitals, treat veterans their dependents, and any other authorized users. Veteran’s Hospitals are run by the Veterans Health Administration, which is a component of the United States Department of Veterans Affairs. Both military hospitals and VA hospitals can be responsible for the damages caused by medical malpractice. However, as previously mentioned, the process of suing a military doctor, or VA hospital doctor or staff can be particularly challenging as some rules influence how you can go about doing so differs greatly from the process that influences typical medical malpractice cases.
How To File A Lawsuit Against A Military Physician For Negligence
If you or a loved one has been injured at a military hospital, or veteran’s hospital for medical malpractice you still have every right to seek an attorney to help you sue for the damages. However, the process of doing so is somewhat different compared to typical medical malpractice cases. Under Federal tort law, federal employees can’t be held liable for any damages they commit while working. Instead, victims of military medical malpractice can find these employees liable through a special law called The Federal Tort Claims Act. The Federal Tort Claims Act or FTCA makes it so that the federal government is no longer immune from being held accountable for certain damages, and gives the government similar responsibilities to that of a private citizen. To put it simply, the FTCA allows an injured party to file a civil lawsuit against the government for their damages. This can include any department of the military as well, allowing injured parties to file an army, navy, or air force hospital facility malpractice lawsuit. However, before filing an FTCA, the injured party must have exhausted all administrative remedies. It is also important to note that under the 1950s Feres Doctrine, active members of the military are not able to file their claims against a military hospital. However, the spouse of an injured active member of the military can file their case for them. The doctrine also keeps dependents of active duty members of the military from filing wrongful death claims against the federal government even if there is evidence of negligence having been a contributing factor in the death. This process can often be incredibly complicated, and some nuanced requirements must be fulfilled before filing your claim against the military. For this reason, it is always in your best interest to seek representation from a skilled navy, army, or air force hospital facility medical malpractice lawyer. With proper legal representation, you can navigate the process of proving that medical malpractice took place and that this negligence directly contributed to the damages you or your loved one have experienced.
Proving Medical Malpractice
While doctors, nurses, surgeons and other physicians spend a large portion of their life, learning how to treat their patients properly, accidents can happen; this is also true for the medical professionals that serve at military hospitals. These medical mistakes are considered to be anything that deviates from the standard care all medical professionals are expected to provide. To sue a military hospital doctor or physician for their negligence you must be able to prove that their actions directly caused you or your loved ones harm. It is important that medical malpractice can occur on the operating table just as easily as it can occur when receiving a medication prescription from a doctor. Listed below are some of the mistakes a military physician can make while providing care for their patients:
- Failure to treat
- Missed diagnosis
- Understaffing
- Inadequate training of personnel
- Medication errors
- Unsanitary conditions
- Inadequate diagnostic tools
- Patient “dumping.”
- Wrong Diagnosis
- Failed to Diagnose
- Birth Injury
- Object left inside patient
- Surgery errors
As stated before, all hospitals, military hospitals included, are expected to provide their patients with a level of care and safety that can ensure their patients receive full treatment and a proper opportunity for recovery. When there is a failure to uphold this expectation a lawsuit can be filed against them. However, to file a lawsuit, the injured party must be able to prove the physician’s negligence. While your best bet to making a successful claim of negligence is with the help of an attorney, it is important to know and understand the components that make up a claim of medical negligence. These components are listed as follows:
- The statute of Limitations: The statutes of limitations that surround any case are the specific deadlines wherein you can bring their case to court. If this deadline is ignored, then it is likely that you could find your case dismissed entirely. In most states, the time for bringing a medical malpractice case forward, is somewhere between six months and two years (depending on the state) a lawyer will help in determining the best time to submit your case.
- The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able to prove that there was a physician-patient relationship. This relationship essentially means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
- The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least be reasonably skillful and careful. Almost all states across the U.S require that the patient present a medical expert in court as to discuss what the appropriate medical standard of care should have been, and how the defendant breached that standard
- The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. To do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
- The injury led to specific damages: The patient must be able to prove that they have suffered from specific damages caused by the injury. Some of these specific damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity
While negligence plays a critical role to any medical malpractice lawsuit, there are also some other requirements that can make or break your case. An experienced lawyer could best guide you through the subtle nuances these requirements imply, however, it is still helpful to understand what these requirements are. Some of these underlying requirements to a military medical malpractice lawsuit are listed below:
Medical Malpractice Review Panels: Some states require that injured patients submit their claim to a medical malpractice review panel. This panel is made up of medical experts who will hear your argument, review the evidence and expert testimony, then decide whether malpractice is evident in your case. This panel does not award damages to patients. However, it is an obstacle that must be overcome to take your medical malpractice case to court.
- Special Notice Requirements: In some states, patients are required to give the physician a notice of the malpractice claim in the form of a basic description. This is done before a patient can file anything.
- Expert Testimony: In medical malpractice cases, expert opinions are crucial to the success of a case. State rules vary in determining what makes an individual qualified to provide this testimony, but in most cases, it is someone who has experience in the same field of medicine that involved the patient’s injuries.
- Limits on damage awards: Some states establish a limit on the amount of money that a patient can be awarded for their damages. Seeking legal assistance can help in determining if this award cap applies to you and your case
These requirements and any of the previous components mentioned can truly make the difference in your case. While every individual has a right to represent themselves in court, facing off against a military hospital can be a daunting task as they more than likely have the resources to employ the best legal help money can buy to dispute your case avidly. For this reason, you should seek out legal representation from a lawyer experienced in fighting against military hospitals and arguing for the rights of injured military personnel and their families.
How Normandie Law Firm Can Help
Having the right attorney on your side can make the difference between filing a successful claim for compensation and having your case dismissed from court entirely. At Normandie Law Firm our Los Angeles, military hospital, and VA hospital medical malpractice attorneys can guide you through the process of finding a successful outcome for your case. While our law firm is based in Los Angeles, our attorneys also practice in San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, Sacramento and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up to their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
