Air Force Medical Malpractice
Are you seeking compensation for a military medical accident?
At Sphorer & Dodd, our attorneys have decades of experience in helping Air Force families successfully obtain a fair recovery for medical negligence and malpractice claims. If you are seeking compensation for medical injuries or a wrongful death of a family member that was caused by military malpractice, or the failure of a medical product or device, there are multiple laws that can apply to your case.
The Federal Tort Claims Act (FTCA), enacted by Congress in 1948, allows dependents, non-active duty service members and retirees to sue the United States for stateside injuries caused by Air Force medical malpractice (to include instances of medical negligence in a Veterans Affairs Medical Center). When medical malpractice occurs outside U.S. boundaries, there are no provisions for suing the government even though the act of negligence occurred on a U.S. military base or medical facility. However, the Medical Claims Act (MCA) does allow Air Force families to submit an administrative claim against the appropriate branch of the military. If you were injured by an act of medical negligence, protect your opportunity for a fair recovery and seek the timely advice of an attorney experienced in representing military malpractice cases.
How Long Do I Have to File a Malpractice Claim?
Under provisions of the FTCA, your medical malpractice action must be filed within two years of the realization (or accrual) of your injuries. Since the full impact of an injury is not always immediately recognized, the exact time allowed for accrual can become an extremely complicated legal issue. If you or your Air Force family member were injured by medical negligence or malpractice, it is always advisable to consult an attorney as soon as possible following the accident.
Remember, prior to filing a lawsuit in federal court, you are required to file an administrative claim and the offending agency (Air Force, Veterans Affairs, etc.) will have up to six months to investigate and possibly resolve the claim. During that time, the agency may offer a settlement based on the amount of damages included in your administrative claim. If the case is not resolved, the trial will take place either in the state where the negligence occurred or your current state of residence. However, suits filed under the FTCA are adjudicated by the laws of the state in which the malpractice occurred regardless of the physical location of the court.