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Medical Malpractice Assistance

For All Branches of the US Armed Forces

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Protecting Those Who Protect Us

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Med Mal Accidents & Injuries

Injuries to military members - What's the law?

Military members are sometimes involved in medical malpractice accidents and are injured while performing their military duties. Generally the law forbids an active duty member of the military from obtaining compensation directly from the United States government. The "Feres Doctrine" prevents the second-guessing of command and control decisions that are inherent to military operations. However, active military, non-active duty personnel and families of military members may obtain compensation from the manufacturers of vehicles, airplanes, or other products that may have caused accidental injuries. In addition, compensation can be sought from civilian contractors whose medical negligence or malpractice was implicated in a military-related mishap.

Injuries to military family members - What's the law?

Family members of military personnel on active-duty, non-active duty or retired, may sue the United States to seek compensation for personal injuries or a wrongful death in a military-related accident under the provisions of the appropriate federal act:

If you or a family member suffered a serious or permanent injury as the result of medical malpractice in a military or veterans affairs (VA) hospital, it is important to seek timely advice from an attorney who is experienced in handling military malpractice cases.

Injuries to civilians by military operations - What's the law?

If military negligence occurred during a military operation, injured civilians can seek compensation for recovery under the Federal Tort Claims Act (FTCA). The statutes were enacted by the U.S. Congress in 1946 following the historic Empire State Building crash where a B-25 bomber crashed into the building in thick fog. Although the crash was not the initial catalyst for the bill, it was made retroactive to allow civilian victims to seek recovery. Liability under the FTCA is limited to circumstances where the government would have been liable if treated like a private citizen. Military negligence can usually be proved if there was a breach of reasonable care that caused the personal injury or wrongful death. Recovery under the FTCA provides for full compensation to include pain and suffering and the loss of ability to enjoy life. Contact the attorneys of Spohrer & Dodd today for your free consultation.