Too often, military men and women are under the impression that they cannot bring a lawsuit against the government for injuries “incidental to service.” As a result, when family members are injured due to medical malpractice at a military hospital, they mistakenly believe they can’t file a claim. Known as the “Feres doctrine” after a decision handed down by the Supreme Court in 1950, active-duty military personnel cannot sue the government for injuries that are incidental to service, regardless of whether an injury is caused by negligent medical care.
However, under the Federal Tort Claims Act (FTCA), family members of servicemen, retirees and dependents can sue the government for injuries caused by medical malpractice in a naval hospital. At the law office of Cronin & Maxwell, we hold negligent doctors and hospital staff liable for medical malpractice under the terms of the FTCA and MCA (if the malpractice occurred overseas). If you or a family member has been injured in a military hospital, contact Pensacola, Florida, military medical malpractice attorneys at Cronin & Maxwell today to schedule a free consultation to discuss your case.
The military medical malpractice attorneys at Cronin & Maxwell represent retirees and military family members suffering from the following kinds of injuries due to medical malpractice:
There are certain procedures and deadlines associated with filing a medical malpractice claim under the FTCA and MCA. Under the FTCA, certain claim forms must be completed and then served. There are specific time frames that must be followed at risk of losing your right to pursue an action against the government at all. Our lawyers can help you complete and file all necessary paperwork and ensure deadlines are met.
Under the MCA, military doctors and hospitals can be held liable for injuries that result from medical malpractice in an overseas military medical facility. However, under the terms of the MCA, in order to recover damages under the MCA, the initial injury claim cannot be denied. In cases where an initial claim is denied, an appeal must be filed within 30 days with the Judge Advocate General’s office.
If you or a family member has been injured due to the negligence of a doctor, nurse, radiologist or another health care professional working in a naval hospital, contact the Florida medical malpractice lawyers at Cronin & Maxwell today at 904-388-9555 to schedule a free consultation and discuss your case.