Recovering compensation for medical negligence in a military hospital or clinic
Military medical malpractice occurs when a medical practitioner is negligent and diverges from accepted medical standards. As a result, service members and veterans of the Air Force, Army, Navy, Marines or another service branch can suffer injury from the substandard treatment.
If you believe you might have suffered serious injury as a result of military medical malpractice, it is wise to seek legal help.
Suing the Military
With military medical malpractice, you are suing the federal government. Different laws apply than in a regular medical malpractice lawsuit. In fact, lawsuits fall under protection provided by the Federal Tort Claims Act.
What You Should Know About the Federal Tort Claims Act (FTCA)
The FTCA enables service members to sue for damages caused by military personnel. To file a claim for medical malpractice under this act, your attorney must provide information that shows:
- A federal government medical professional injured you.
- The medical professional acted within the scope of his/her duties.
- The medical person acted wrongfully or negligently.
- The negligent or wrongful act caused the injury in your complaint.
It is vital that you obtain a lawyer who understands the FTCA process and statute of limitations (deadline for filing claims). Medical malpractice claims also require legal access to expert witnesses who are medically trained to explain how medical malpractice has occurred.
Types of Military Medical Malpractice
The types of medical malpractice that can occur in military medical facilities are the same types that occur in a non-military medical hospital or clinic. Examples include:
- Surgical errors
- Prescription drug or medication errors
- Failure to diagnose
- Anesthesia errors
- Unnecessary surgery
Texas is home to many military service members with its 15 military bases. It has bases for every service branch except the Coast Guard and Marines. Most of the bases are located around San Antonio and Corpus Christi. However, Fort Hood, located in Killeen, Texas has the largest base.
It does not matter where you are based or where you are receiving military medical treatment in Texas. At the Office of Michael R. De La Paz, we represent clients throughout the state and are happy to answer your questions. You can arrange a free consultation to discuss your injury.