Marines Medical Malpractice

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Marines Medical Malpractice

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If you are non-active Marine Corps, a dependent family member or a retiree and were injured due to medical negligence or malpractice at a military healthcare facility or Veterans Affairs (VA) Medical Center, you have the right to seek compensation for your personal injuries or the wrongful death of a loved one. Under the Federal Tort Claims Act, individuals other than Marines on active duty (family members, retirees, etc.) can file lawsuits against the United States and its agencies for malpractice that occurs stateside. Under the Military Claims Act, Marines not on active-duty assignment, their dependents or retired Marine personnel can submit an administrative claim against the offending agency for compensation of injuries sustained at a military medical facility outside U.S. boundaries. The Supreme Court's "Feres" doctrine prohibits Marines on active-duty from suing the government for injuries that occurred during their normal course of duty.

Military medical liability is a very complex area of the law and you should always seek the timely advice of an experienced medical negligence lawyer to determine the options you may have for seeking compensation for personal injuries or a wrongful death.

Why Can't I Just Sue the Government for Medical Negligence?

Our nation's laws of sovereign immunity can be traced to early English law. In a constitutional monarchy, the sovereign was afforded the authority to create courts to protect their subjects. But, in the eyes of the state, the King or Queen could do no wrong. When the U.S. Constitution was drafted, our forefathers adopted this vestige of common law and prohibited individuals (or states) from suing the federal government without the government's consent. Prior to Congress passing the Federal Tort Claims Act in 1946, no citizen could sue the United States government for any injury caused by a government employee. The FTCA provided a partial waiver of immunity and authorized U.S. district courts to hold the federal government liable for some civil torts committed by its agencies, officers and employees, but only within the boundaries of United States. Those who have suffered from military medical negligence outside the U.S. may pursue compensation for injuries from the offending agency (Marines, Army, Navy, Air Force or Coast Guard) through an administrative action under the guidelines of the Military Claims Act. However, the claimant is still not allowed to sue the government if their claim is denied. Call us today and speak with a qualified military malpractice attorney about your case.