Can Military Doctors Be Sued for Malpractice? Your Legal Options

Can Military Doctors Be Sued For Malpractice? Yes, active-duty service members can now file claims for medical malpractice against the military, thanks to changes in the law. thebootdoctor.net is here to guide you through the process and understand your rights, ensuring you receive the compensation you deserve.

If you’re looking for expert information on filing a claim and understanding your legal options regarding military medical malpractice, this article will break down the complexities, and provide guidance on healthcare negligence and legal recourse.

1. Understanding Military Medical Malpractice

1.1. What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s negligence results in harm to a patient. This negligence can involve errors in diagnosis, treatment, or aftercare. To establish malpractice, it must be proven that the provider deviated from the accepted standard of care and that this deviation directly caused the patient’s injury.

According to the American Medical Association, medical malpractice is defined as “failure of a physician to exercise ordinary or reasonable skill and diligence in the treatment of a patient, resulting in injury, loss, or damage to the patient.”

1.2. The Feres Doctrine: A Historical Barrier

Historically, the Feres Doctrine, established in 1950, prevented active-duty service members from suing the U.S. government for injuries incurred during service. This doctrine made it nearly impossible for service members to seek legal recourse for medical malpractice committed by military healthcare providers.

1.3. The National Defense Authorization Act (NDAA) and Its Impact

The National Defense Authorization Act (NDAA) of 2019 brought significant changes, allowing service members to file claims for medical malpractice under specific circumstances. This legislation marked a major shift, providing a pathway for seeking compensation for injuries caused by negligent medical care in military treatment facilities.

Military Medical Malpractice

1.4. Eligible Claimants

Under the NDAA, the following individuals are eligible to file medical malpractice claims:

Active-duty service members
Representatives of deceased service members
Representatives of incapacitated service members

1.5. Covered Medical Facilities

Claims can be filed for malpractice occurring at specific military treatment facilities, including:

Military hospitals
Clinics operated by the Department of Defense (DoD)
Other designated healthcare facilities

1.6. Types of Medical Errors That Can Lead to Claims

Several types of medical errors can lead to malpractice claims. These include:

Diagnostic Errors: Misdiagnosis or delayed diagnosis of a condition.
Surgical Errors: Mistakes made during surgical procedures.
Medication Errors: Incorrect prescriptions or administration of drugs.
Birth Injuries: Injuries to the mother or child during childbirth due to negligence.
Anesthesia Errors: Complications arising from improper anesthesia administration.

1.7. Examples of Successful Military Malpractice Claims

While specific case details are often confidential, successful claims have involved:

Failure to diagnose cancer in a timely manner.
Surgical errors leading to permanent disability.
Medication errors causing severe adverse reactions.
Birth injuries resulting in lifelong health issues for the child.

1.8. The Role of Medical Expert Testimony

Medical expert testimony is crucial in malpractice cases. Experts provide opinions on the standard of care, whether it was breached, and whether the breach caused the injury. Their testimony helps establish the link between the negligence and the harm suffered by the claimant.

1.9. The Importance of Documentation and Evidence

Proper documentation and evidence are essential for a successful claim. This includes:

Medical records
Test results
Statements from healthcare providers
Personal accounts of the claimant

1.10. Understanding the Claims Process

Navigating the claims process can be complex. Key steps include:

Gathering medical records and evidence
Consulting with a legal expert specializing in military malpractice
Filing a claim with the appropriate military branch
Providing necessary documentation and expert opinions
Negotiating a settlement or pursuing litigation if necessary

2. Filing a Medical Malpractice Claim: A Step-by-Step Guide

2.1. Step 1: Gathering Medical Records

The first step is to gather all relevant medical records related to the alleged malpractice. This includes:

Hospital records
Clinic visit notes
Test results
Prescription information
Surgical reports
Consultation notes

2.2. Step 2: Consulting with a Legal Expert

Consult with an attorney experienced in military medical malpractice claims. An attorney can assess the validity of your claim, explain your rights, and guide you through the legal process.

2.3. Step 3: Filing the Claim

File the claim with the appropriate branch of the military. The claim must include:

A detailed description of the alleged malpractice
The specific injuries or damages suffered
The amount of compensation sought
Supporting documentation, including medical records and expert opinions

For Army claims, file with:

The nearest Office of the Staff Judge Advocate
The center judge advocate of the medical center where the alleged malpractice occurred
The tort claims division of the Army Claims Service at Fort Meade, Maryland.

For Navy and Marine Corps claims, file with:

The tort claims unit of the Office of the Judge Advocate General in Norfolk, Virginia.

For Air Force and Space Force claims, file with:

The Office of the Staff Judge Advocate of the nearest Air Force base
The Air Force Legal Operations Agency, Claims and Tort Litigation Division, at Joint Base Andrews in Maryland.

2.4. Step 4: Providing Supporting Documentation

Provide all necessary supporting documentation, including:

Medical records
Expert affidavits
Personal statements
Any other evidence that supports your claim

2.5. Step 5: Negotiating a Settlement

The military branch will review the claim and may offer a settlement. Negotiate with the military to reach a fair settlement that compensates you for your injuries and damages.

2.6. Step 6: Pursuing Litigation (If Necessary)

If a settlement cannot be reached, you may need to pursue litigation. Your attorney can file a lawsuit on your behalf and represent you in court.

2.7. Time Limits for Filing Claims

There are strict deadlines for filing medical malpractice claims. Claims must be presented to the DoD within two years of when the alleged malpractice occurred. However, the NDAA allowed service members whose malpractice occurred in 2017 to file claims in 2020.

2.8. Understanding the “Incident to Service” Requirement

To be considered, medical malpractice claims must be for injuries that were “incident to service.” For active-duty service members, this means “almost any injury or illness” that occurred from medical care received at a military treatment facility from a DoD health care provider would qualify. The rules are stricter for reservists, requiring the injury to occur while in a federal duty status.

2.9. The Role of the Judge Advocate General (JAG)

The Judge Advocate General (JAG) plays a crucial role in the claims process. JAG officers review claims, provide legal advice, and represent the military in settlement negotiations and litigation.

2.10. Seeking Help from Advocacy Groups

Several advocacy groups can provide support and resources for service members seeking to file medical malpractice claims. These groups can offer guidance, connect you with legal experts, and provide emotional support throughout the process.

3. Factors Affecting the Outcome of a Military Malpractice Case

3.1. Strength of Evidence

The strength of the evidence is a critical factor in determining the outcome of a military malpractice case. Strong evidence includes comprehensive medical records, expert testimonies, and clear documentation of the negligence and its impact on the service member’s health.

3.2. Expert Witness Testimony

Expert witness testimony is often necessary to establish the standard of care and demonstrate how the military medical provider deviated from that standard. A qualified expert can explain complex medical issues in a way that is understandable to the judge or jury.

3.3. Credibility of Witnesses

The credibility of witnesses, including the service member and medical professionals, can significantly impact the case’s outcome. Witnesses who are perceived as honest, reliable, and knowledgeable can strengthen the case.

3.4. Nature and Extent of Injuries

The nature and extent of the injuries suffered by the service member are crucial in determining the amount of compensation that may be awarded. Serious injuries that result in long-term disability, chronic pain, or significant medical expenses will typically result in higher settlements or verdicts.

3.5. Legal Representation

Having experienced and qualified legal representation can significantly improve the chances of a successful outcome. An attorney who is familiar with military medical malpractice law can navigate the complex legal process, gather and present evidence effectively, and advocate for the service member’s rights.

3.6. Jurisdiction and Venue

The jurisdiction and venue where the case is heard can also affect the outcome. Certain jurisdictions may be more favorable to plaintiffs in medical malpractice cases, while others may be more defense-oriented.

3.7. The “Reasonable Person” Standard

The “reasonable person” standard is often used to determine whether the military medical provider acted negligently. This standard asks whether a reasonable medical professional, under similar circumstances, would have acted in the same way.

3.8. Potential Compensation Available

Potential compensation in a military malpractice case may include:

Medical expenses (past and future)
Lost wages (past and future)
Pain and suffering
Emotional distress
Disability
Loss of enjoyment of life

3.9. Impact of Pre-Existing Conditions

Pre-existing conditions can complicate a military malpractice case. The defense may argue that the service member’s injuries were caused by a pre-existing condition rather than the alleged malpractice. However, if the malpractice aggravated the pre-existing condition, the service member may still be entitled to compensation.

3.10. Alternative Dispute Resolution

Alternative dispute resolution (ADR) methods, such as mediation or arbitration, may be used to resolve military malpractice cases outside of court. ADR can be a more efficient and cost-effective way to reach a settlement.

4. Common Challenges in Military Medical Malpractice Cases

4.1. Proving Negligence

One of the biggest challenges in military medical malpractice cases is proving negligence. This requires demonstrating that the military medical provider deviated from the accepted standard of care and that this deviation directly caused the service member’s injuries.

4.2. Navigating Military Bureaucracy

Dealing with military bureaucracy can be complex and time-consuming. Obtaining medical records, filing claims, and navigating the legal process can be challenging, especially for service members who are already dealing with health issues.

4.3. The Feres Doctrine’s Lingering Effects

Although the NDAA has created a pathway for filing claims, the Feres Doctrine still casts a shadow over military malpractice cases. The doctrine can limit the types of claims that can be brought and the amount of compensation that can be recovered.

4.4. Lack of Transparency

Lack of transparency in military medical care can make it difficult to gather evidence and build a strong case. Military medical records may be incomplete or difficult to access, and medical providers may be reluctant to testify against their colleagues.

4.5. Limited Legal Recourse

Service members may have limited legal recourse compared to civilians in medical malpractice cases. The NDAA does not provide for judicial review of adjudicated claims, and the settlement is “final and conclusive.”

4.6. Emotional and Psychological Toll

Pursuing a military malpractice claim can take an emotional and psychological toll on service members and their families. The process can be stressful, time-consuming, and emotionally draining.

4.7. Proving Causation

Proving causation is another significant challenge. It must be demonstrated that the military medical provider’s negligence directly caused the service member’s injuries. This can be difficult, especially if there are other potential causes of the injuries.

4.8. Statute of Limitations

The statute of limitations, or time limit for filing a claim, can be a challenge. Service members must file their claims within two years of the alleged malpractice, which can be a short time frame, especially if they are dealing with serious health issues.

4.9. Access to Medical Experts

Access to qualified medical experts who are willing to testify in military malpractice cases can be limited. Experts may be reluctant to testify against military medical providers, or they may charge high fees for their services.

4.10. Financial Constraints

Pursuing a military malpractice claim can be expensive. Service members may have to pay for medical records, expert witness fees, and attorney fees, which can be a financial burden, especially if they are already struggling with medical expenses and lost wages.

Soldier Receiving Medical Care

5. Understanding Compensation and Benefits

5.1. Types of Damages Available

In military medical malpractice cases, several types of damages may be available to compensate the injured service member. These damages are intended to cover the various losses and expenses incurred as a result of the malpractice.

Economic Damages:

Medical Expenses: Compensation for past and future medical bills, including hospital stays, surgeries, medications, and therapy.
Lost Wages: Reimbursement for lost income due to the inability to work, both in the past and future.
Lost Earning Capacity: Compensation for the reduction in future earning potential as a result of the injury.
Household Services: Coverage for the cost of hiring someone to perform household tasks the service member can no longer do.

Non-Economic Damages:

Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the malpractice.
Disfigurement: Coverage for physical disfigurement or scarring resulting from the injury.
Loss of Enjoyment of Life: Compensation for the inability to participate in activities and hobbies the service member previously enjoyed.

5.2. How Compensation is Calculated

The calculation of compensation in military medical malpractice cases can be complex and depends on various factors.

Factors Influencing Compensation:

Severity of the Injury: The more severe and long-lasting the injury, the higher the potential compensation.
Impact on Quality of Life: The extent to which the injury has affected the service member’s ability to perform daily activities and enjoy life.
Economic Losses: The amount of medical expenses, lost wages, and lost earning capacity.
State Laws: Some states have caps on certain types of damages, such as non-economic damages.

Methods of Calculation:

Medical Expenses: Calculated based on actual medical bills and estimated future medical costs.
Lost Wages: Determined by reviewing the service member’s earnings history and projecting future lost income.
Pain and Suffering: Often calculated using a multiplier method, where economic damages are multiplied by a factor (e.g., 1 to 5) to account for pain and suffering.

5.3. Impact of VA Benefits and Other Compensation

The value of Tricare coverage, including Tricare for Life for a disability retiree, family, or survivors, also could be deducted from malpractice damage awards.

5.4. Structured Settlements vs. Lump-Sum Payments

Service members may have the option to receive compensation as a structured settlement or a lump-sum payment.

Structured Settlement: Payments are made over a period of time, providing a steady stream of income.
Lump-Sum Payment: A single payment is made, providing immediate access to the full amount of compensation.

The choice between a structured settlement and a lump-sum payment depends on the service member’s individual circumstances and financial needs.

5.5. Tax Implications of Settlements

It’s essential to understand the tax implications of settlements in military medical malpractice cases.

Medical Expenses: Generally, compensation for medical expenses is not taxable.
Lost Wages: Compensation for lost wages is typically taxable as income.
Pain and Suffering: Compensation for pain and suffering may be taxable, depending on the circumstances.

Consult with a tax advisor to understand the specific tax implications of your settlement.

5.6. The Role of a Financial Advisor

A financial advisor can help service members manage their settlement funds and make informed financial decisions.

Benefits of a Financial Advisor:

Investment Management: Help with investing settlement funds to grow wealth over time.
Financial Planning: Assistance with creating a budget, managing debt, and planning for retirement.
Tax Planning: Guidance on minimizing taxes and maximizing the value of the settlement.

5.7. Protecting Your Settlement

It’s essential to protect your settlement funds from creditors, scams, and other potential threats.

Tips for Protecting Your Settlement:

Set up a Trust: A trust can protect settlement funds from creditors and ensure they are used for their intended purpose.
Avoid Scams: Be wary of unsolicited offers or investment schemes that promise high returns.
Seek Professional Advice: Consult with a financial advisor and attorney to ensure your settlement is protected.

5.8. Long-Term Financial Planning

Long-term financial planning is crucial for service members who receive compensation in military medical malpractice cases.

Key Considerations for Long-Term Planning:

Retirement Planning: Save and invest a portion of the settlement funds to ensure a comfortable retirement.
Healthcare Needs: Plan for future healthcare expenses, including long-term care if needed.
Education Expenses: Set aside funds for children’s or grandchildren’s education.

5.9. Government Benefits and Entitlements

Service members may be eligible for various government benefits and entitlements in addition to compensation from a medical malpractice case.

Potential Benefits and Entitlements:

Disability Benefits: Monthly payments for service-connected disabilities.
Healthcare Benefits: Access to medical care through the VA healthcare system.
Education Benefits: Assistance with tuition and other education expenses.
Housing Assistance: Help with obtaining affordable housing.

5.10. Resources for Financial Assistance

Various resources are available to provide financial assistance and support to service members and their families.

Potential Resources:

Veterans Service Organizations (VSOs): Non-profit organizations that provide assistance with benefits claims, financial planning, and other services.
Military Aid Societies: Organizations that provide financial assistance to active-duty service members and their families.
Government Agencies: Agencies such as the Department of Veterans Affairs (VA) and the Social Security Administration (SSA) offer various benefits and programs.

6. The Role of Advocacy Groups and Legal Aid

6.1. Understanding Advocacy Groups

Advocacy groups play a crucial role in supporting service members who have experienced medical malpractice. These organizations provide a range of services, including:

Information and Resources: Offering up-to-date information on legal rights, the claims process, and available resources.
Support Networks: Connecting service members with others who have similar experiences, providing a sense of community and understanding.
Legislative Advocacy: Working to improve laws and policies related to military medical malpractice.

6.2. Key Advocacy Groups for Military Personnel

Several advocacy groups focus specifically on supporting military personnel. Some notable organizations include:

National Military Family Association (NMFA): Provides resources and support to military families, including those dealing with medical malpractice issues.
Wounded Warrior Project (WWP): Offers programs and services to support wounded veterans, including assistance with legal and benefits issues.
Disabled American Veterans (DAV): Advocates for the rights of disabled veterans and provides assistance with benefits claims and legal matters.

6.3. How Advocacy Groups Can Help

Advocacy groups can assist service members in various ways:

Navigating the Claims Process: Providing guidance and support throughout the complex claims process.
Connecting with Legal Experts: Linking service members with attorneys who specialize in military medical malpractice.
Providing Emotional Support: Offering a supportive environment for service members and their families to cope with the emotional toll of malpractice.

6.4. Understanding Legal Aid

Legal aid organizations provide free or low-cost legal services to individuals who cannot afford to hire an attorney. These organizations can be a valuable resource for service members seeking legal assistance with medical malpractice claims.

6.5. Key Legal Aid Organizations

Several legal aid organizations offer services to military personnel:

American Civil Liberties Union (ACLU): Protects the civil rights and liberties of all individuals, including service members.
Judge Advocate General’s Corps (JAG): Provides legal assistance to service members on a variety of issues, including medical malpractice.
Legal Services Corporation (LSC): Funds legal aid organizations throughout the United States, providing access to justice for low-income individuals.

6.6. How Legal Aid Organizations Can Help

Legal aid organizations can assist service members in several ways:

Providing Legal Advice: Offering guidance on legal rights and options.
Representing Service Members in Court: Representing service members in legal proceedings related to medical malpractice claims.
Negotiating Settlements: Negotiating with the military on behalf of service members to reach a fair settlement.

6.7. Eligibility for Legal Aid

Eligibility for legal aid services is typically based on income and assets. Service members who meet the income requirements may be eligible for free or low-cost legal assistance.

6.8. Finding Advocacy Groups and Legal Aid Organizations

Service members can find advocacy groups and legal aid organizations through various channels:

Online Directories: Websites such as the American Bar Association and the Legal Services Corporation offer directories of legal aid providers.
Referrals: Attorneys, veterans’ organizations, and other service providers can refer service members to advocacy groups and legal aid organizations.
Local Bar Associations: Local bar associations often have pro bono programs that provide free legal services to low-income individuals.

6.9. The Importance of Seeking Help

Seeking help from advocacy groups and legal aid organizations can be crucial for service members navigating the complexities of military medical malpractice claims. These organizations provide valuable resources, support, and legal assistance, helping service members protect their rights and obtain the compensation they deserve.

6.10. Building a Support System

In addition to seeking help from advocacy groups and legal aid organizations, it is essential for service members to build a strong support system. This may include:

Family and Friends: Leaning on loved ones for emotional support and practical assistance.
Therapists and Counselors: Seeking professional help to cope with the emotional toll of medical malpractice.
Support Groups: Connecting with others who have similar experiences to share stories and offer encouragement.

/cloudfront-us-east-1.images.arcpublishing.com/mco/K2M574VOYVDH5L3V366K46XU54.jpg “A wounded warrior, emphasizing the importance of support and resources for those who have been injured during their military service.”)

7. Preventative Measures and Patient Rights

7.1. Understanding Patient Rights in Military Healthcare

Service members have specific rights when receiving healthcare in military facilities. These rights are designed to ensure they receive quality care and are treated with respect. Key patient rights include:

Right to Informed Consent: Patients have the right to receive information about their medical condition, proposed treatment options, and potential risks and benefits before making decisions about their care.
Right to Confidentiality: Patients have the right to privacy and confidentiality regarding their medical records and personal health information.
Right to Access Medical Records: Patients have the right to access and review their medical records.
Right to a Second Opinion: Patients have the right to seek a second opinion from another healthcare provider.
Right to Refuse Treatment: Patients have the right to refuse medical treatment, except in certain emergency situations.

7.2. Strategies for Preventing Medical Errors

Preventing medical errors is crucial for ensuring patient safety. Several strategies can help reduce the risk of errors in military healthcare settings:

Promote a Culture of Safety: Encourage open communication, teamwork, and a focus on patient safety among healthcare providers.
Implement Checklists and Protocols: Use checklists and standardized protocols to ensure that procedures are performed correctly.
Use Technology to Reduce Errors: Implement electronic health records, computerized order entry systems, and other technologies to minimize the risk of errors.
Provide Ongoing Training and Education: Ensure that healthcare providers receive ongoing training and education on patient safety and error prevention.
Encourage Patient Involvement: Encourage patients to actively participate in their care by asking questions, providing information, and reporting concerns.

7.3. The Importance of Clear Communication

Clear communication between patients and healthcare providers is essential for preventing medical errors and ensuring quality care.

Tips for Effective Communication:

Ask Questions: Don’t hesitate to ask questions if you don’t understand something.
Provide Complete Information: Share all relevant information about your medical history, symptoms, and concerns.
Confirm Understanding: Make sure you understand the information provided by your healthcare provider.
Use Plain Language: Avoid using jargon or technical terms that patients may not understand.
Listen Actively: Pay attention to what patients are saying and respond to their concerns.

7.4. Seeking Second Opinions

Seeking a second opinion can be a valuable way to ensure you are receiving the best possible care.

Benefits of Seeking a Second Opinion:

Confirmation of Diagnosis: A second opinion can confirm or clarify the diagnosis of a medical condition.
Alternative Treatment Options: A second opinion may reveal alternative treatment options that you were not aware of.
Increased Confidence: Seeking a second opinion can increase your confidence in the treatment plan.

7.5. Documenting Medical Care

Keeping a record of your medical care can be helpful for tracking your health and identifying any potential errors or concerns.

Tips for Documenting Medical Care:

Keep a Medical Journal: Write down information about your medical appointments, symptoms, and treatments.
Request Copies of Medical Records: Obtain copies of your medical records from your healthcare providers.
Organize Your Records: Keep your medical records organized and easily accessible.

7.6. Reporting Concerns and Complaints

If you have concerns about the quality of care you are receiving, it is important to report them to the appropriate authorities.

How to Report Concerns:

Talk to Your Healthcare Provider: Start by discussing your concerns with your healthcare provider.
Contact the Patient Advocate: Military treatment facilities have patient advocates who can help resolve complaints.
File a Formal Complaint: If your concerns are not resolved, you can file a formal complaint with the military healthcare system.

7.7. Understanding the Military Healthcare System

Understanding how the military healthcare system works can help you navigate the system and access the care you need.

Key Aspects of the Military Healthcare System:

Tricare: The healthcare program for military personnel, retirees, and their families.
Military Treatment Facilities (MTFs): Hospitals and clinics operated by the military.
Referral Process: The process for obtaining specialty care or seeing a civilian provider.

7.8. Promoting Patient Safety

Promoting patient safety is a shared responsibility of patients, healthcare providers, and healthcare organizations.

How to Promote Patient Safety:

Be Informed: Learn about your medical condition and treatment options.
Ask Questions: Don’t hesitate to ask questions if you have concerns.
Follow Instructions: Follow your healthcare provider’s instructions carefully.
Report Concerns: Report any concerns about the quality of care you are receiving.
Participate Actively: Participate actively in your care and treatment.

7.9. Resources for Patient Safety Information

Various resources provide information on patient safety and preventing medical errors.

Potential Resources:

Agency for Healthcare Research and Quality (AHRQ): Provides information and resources on patient safety and healthcare quality.
National Patient Safety Foundation (NPSF): Works to improve patient safety through research, education, and advocacy.
World Health Organization (WHO): Provides information and resources on patient safety worldwide.

7.10. Empowering Patients

Empowering patients to take an active role in their healthcare can help prevent medical errors and ensure they receive the best possible care.

How to Empower Patients:

Provide Information: Give patients the information they need to make informed decisions about their care.
Encourage Questions: Encourage patients to ask questions and express their concerns.
Respect Patient Preferences: Respect patients’ preferences and values when making treatment decisions.
Involve Patients in Decision-Making: Involve patients in the decision-making process and consider their input.

8. Seeking Legal Recourse: What to Do If You Suspect Malpractice

8.1. Recognizing Signs of Medical Malpractice

Recognizing the signs of medical malpractice is the first step in seeking legal recourse. Some common indicators include:

Unexpected or unexplained complications after a medical procedure
A diagnosis that seems incorrect or inconsistent with your symptoms
Failure to diagnose a condition in a timely manner
Medication errors or adverse reactions to medications
Surgical errors or mistakes during a surgical procedure
Lack of informed consent regarding treatment options and risks
Healthcare providers who are dismissive of your concerns or symptoms

8.2. Documenting the Incident

If you suspect medical malpractice, it’s crucial to document the incident as thoroughly as possible. This documentation can serve as valuable evidence if you decide to pursue a legal claim.

Key Steps in Documenting the Incident:

Keep a Detailed Journal: Write down everything you remember about the incident, including dates, times, names of healthcare providers involved, and a description of what happened.
Gather Medical Records: Obtain copies of your medical records from all healthcare providers involved in your care.
Preserve Evidence: If possible, preserve any physical evidence related to the incident, such as medication bottles or medical devices.
Take Photographs: If you have visible injuries, take photographs to document their appearance over time.

8.3. Consulting with a Medical Malpractice Attorney

Consulting with an experienced medical malpractice attorney is essential for evaluating the merits of your case and understanding your legal options.

Benefits of Consulting with an Attorney:

Case Evaluation: An attorney can review your medical records and other evidence to determine if you have a valid claim.
Legal Advice: An attorney can advise you on your legal rights and options.
Negotiation: An attorney can negotiate with the military or insurance companies on your behalf.
Litigation: If necessary, an attorney can file a lawsuit and represent you in court.

8.4. Investigating the Claim

Once you’ve hired an attorney, they will conduct a thorough investigation of your claim. This may involve:

Obtaining Medical Records: Your attorney will obtain all relevant medical records from healthcare providers.
Consulting with Medical Experts: Your attorney will consult with medical experts to determine if there was a deviation from the standard of care.
Interviewing Witnesses: Your attorney may interview witnesses, such as family members or other healthcare providers, who can provide information about the incident.

8.5. Filing a Claim with the Military

If your attorney believes you have a valid claim, they will file a claim with the appropriate branch of the military. The claim must include:

A detailed description of the alleged malpractice
The specific injuries or damages you have suffered
The amount of compensation you are seeking
Supporting documentation, such as medical records and expert opinions

8.6. Negotiating a Settlement

After the claim is filed, the military may offer a settlement. Your attorney will negotiate with the military to try to reach a fair settlement that compensates you for your injuries and damages.

8.7. Pursuing Litigation (If Necessary)

If a settlement cannot be reached, your attorney may recommend pursuing litigation. This involves filing a lawsuit in court and presenting your case to a judge or jury.

8.8. Understanding the Legal Process

The legal process for medical malpractice cases can be complex and time-consuming. Your attorney will guide you through each step of the process, including:

Filing a Lawsuit
Discovery (gathering evidence)
Motions (legal arguments)
Trial (presenting your case to a judge or jury)
Appeal (if necessary)

8.9. The Importance of Communication with Your Attorney

Maintaining open and honest communication with your attorney is crucial throughout the legal process. Be sure to:

Keep your attorney informed of any changes in your medical condition or treatment
Provide your attorney with any new information or evidence that you obtain
Ask questions if you don’t understand something
Respond promptly to your attorney’s requests for information

8.10. Coping with the Emotional Toll

Pursuing a medical malpractice claim can take an emotional toll. It’s essential to take care of your mental and emotional health throughout the process. Consider:

Seeking therapy or counseling
Joining a support group
Practicing self-care activities, such as exercise, meditation, or spending time with loved ones

9. Recent Changes and Updates in Military Malpractice Law

9.1. Overview of the NDAA 2019 Changes

The National Defense Authorization Act (NDAA) of 2019 brought about significant changes in military malpractice law. Prior to this act, the Feres Doctrine, established in 1950, largely prevented active-duty service members from suing the government for injuries incurred during service, including medical malpractice. The NDAA 2019 created a pathway for service members to file claims for medical malpractice under specific circumstances.

9.2. Key Provisions of the New Law

The key provisions of the new law include:

Allowing Claims for Medical Malpractice: Service members can now file claims for personal injury or death caused by a military health provider in certain medical treatment facilities.
Eligibility: Active-duty service members, representatives of deceased service members, and representatives of incapacitated service members are eligible to file claims.
Covered Facilities: Claims can be filed for malpractice occurring at military hospitals, clinics operated by the Department of Defense (DoD), and other designated healthcare facilities.

9.3. Impact on Service Members and Their Families

The changes brought about by the NDAA 2019 have had a significant impact on service members and their families. For the first time, they have a real opportunity to seek compensation for injuries caused by negligent medical care in military treatment facilities.

9.4. Challenges and Limitations of the New Law

Despite the positive changes, there are still challenges and limitations associated with the new law. These include:

Proving Negligence: Proving negligence in military medical malpractice cases can be challenging.
Navigating Military Bureaucracy: Dealing with military bureaucracy can be complex and time-consuming.
The Feres Doctrine’s Lingering Effects: The Feres Doctrine can still limit the types of claims that can be brought and the amount of compensation that can be recovered.

9.5. Recent Court Decisions and Rulings

Recent court decisions and rulings have provided further clarification on the interpretation and application of the NDAA 2019. These decisions have helped to shape the legal landscape for military medical malpractice cases.

9.6. Proposed Legislation and Future Changes

Proposed legislation and future changes in military malpractice law could further expand the rights of service members and their