Navy Medical Malpractice Jacksonville

Need legal help filing a negligence claim against the military?

For decades, Jacksonville has been the home for many Navy families and military retirees. If you are non-active duty and have been injured or had a loved one killed due to Navy medical malpractice at a Naval hospital, military healthcare facility or Veterans Affairs Medical Center in the United States, you have a right to file a medical negligence claim against the federal government for compensation.

However, the Federal Tort Claims Act (FTCA) is a complex legal doctrine that outlines the exact procedures for filing a personal injury or wrongful death suit against the U.S. and the timelines established by the Act must be strictly followed or your claim will be disallowed. Generally speaking, you have two years from the accrual of the injuries to file an administrative claim against the Navy. A representative of the offending agency will review your case and may elect to settle for an amount up to the maximum amount of your claim. If your claim is denied or you do not hear from the Navy within six months, you have the right to bring suit against the government under the provisions of the FTCA.

Why Did Congress Pass the Military Claims Act?

The Federal Tort Claims Act only applies to injuries sustained at a Navy medical facility or VA hospital within the boundaries of the United States. If your dependent or non-active military member received improper medical treatment or was a victim of malpractice at an overseas facility, you have the right to file an administrative claim against the offending branch of the military under the provisions of the Military Claims Act (MCA). But, you do not have the right to sue the United States government if your claim is denied by the adjudicating authority. You do have a right to file an appeal of the adjudication with a senior representative with the Department of Defense (DOD). If your appeal is denied, the decision of the DOD is considered to be final.

The MCA applies worldwide but active-duty military members and civilian employees of the Navy may not recover for personal injury or wrongful death under the Act. The U.S. government has other provisions for compensating active Navy personnel and civilian military employees through other federal programs, such as the VA disability benefits. If you or someone you love has suffered injury or died as a result of military medical negligence, it is important to discuss your case with a Navy medical negligence attorney who has experience in handling FTCA and MCA claims.