Army Medical Malpractice

Serving Current and Former Members
of the U.S. Armed Forces


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904.309.6500

Army Medical Malpractice

You've Given Much, and You Deserve More


Call Us Today!

904.309.6500





Army Medical Malpractice Jacksonville

Were you injured by malpractice at an Army medical facility?

If you are a non-active Army service member, military dependent or retiree who has been injured by medical negligence or malpractice at a military healthcare facility or Veterans Affairs (VA) Medical Center, you have a right to seek compensation for your injuries. Prior to 1946, the federal government operated with total "sovereign immunity" and individuals were prohibited from suing the United States. After a B-25 military bomber crashed into the Empire State Building in a heavy fog, Congress passed a retroactive Federal Tort Claims Act (FTCA) to allow the families to sue the U.S. for the wrongful death of their loved ones.

Today, Army families and retirees can bring a lawsuit against the government under the FTCA when personal injuries or a wrongful death is caused by an act of military malpractice or medical negligence within the boundaries of the United States. However, you must file the claim within two years of the accrual of injuries and follow the government's strict procedural guidelines. So, it is always advisable to seek the advice of an experienced Army malpractice attorney in a timely manner following any medical injury.

Can I Sue for Medical Negligence That Occurred Overseas?

The answer is No. Compensation for personal injury or wrongful death to non-active military, Army dependents and retirees caused by an act of negligence or medical malpractice by military personnel or civilian employees acting within the scope of their employment outside the United States is regulated by the Military Claims Act (MCA). Unlike the FTCA that creates statutory rights for claimants, the MCA is operative only and does not include provisions for suing the government, even if the act of medical negligence occurred at a military facility. Under the guidelines of the MCA, your claim is directed against the offending agency (Army, Veterans Affairs, etc.) and not the U.S. government. This administrative adjudication exactly follows the guidelines set forth by the Secretary of that particular branch of the military. If the agency rules against your claim of military medical malpractice, you have a right to appeal the decision to a senior official at the Department of Defense. Because there are no provisions for a judicial review of the DOD's decision, that ruling is considered to be final.

This is a very complex area of military law, so it is crucial to explore your options with a dedicated malpractice lawyer before an administrative claim is made against the Army. Call Spohrer & Dodd today for your free consultation.