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Military Medical Malpractice Lawsuit FAQs (Part 1)

November 17, 2013

If you or a loved one has been injured in a military hospital in the U.S. or overseas, check out these FAQs to learn more about your rights and how you may be able to receive compensation for your injuries and losses.

How do I know if I have a case?

The best way to find out if you have a military medical malpractice claim is to consult with a lawyer who is experienced at assessing these types of cases. In addition to determining whether you are entitled to compensation, a skilled attorney can also explain how your case will proceed so you know what to expect from the process.

Who is eligible to file a military medical malpractice lawsuit against the U.S. government?

According to the United States Supreme Court’s ruling in Feres v. the United States (often referred to as “The Feres Doctrine”), anyone who is injured in a military hospital as a result of Army, Navy or Air Force malpractice can file these claims – except for individuals who are considered to be active duty personnel. While Feres excludes injuries to people who are currently actively serving in the military, military dependents (including children and spouses of active duty members) and individuals who were injured after they retired from the military (veterans) may file claims. 

If I file a claim, will it affect my military career or my children’s access to healthcare?

Legally, you are entitled to file a military medical malpractice claim, and it should not affect your military career. In the unfortunate event that it does, however, you will have legal recourse to penalize individuals who were responsible for these repercussions. Additionally, if your spouse and/or children are legally entitled to government healthcare, then filing a malpractice lawsuit on their behalf will not affect these rights.

Will my veteran’s benefits be affected if I file a claim?

The short answer is that it depends on the specific circumstances of your case, and an experienced lawyer can help better answer that question in a free initial consultation.

Other questions?

Please visit our FAQs page by clicking here for answers to many other commonly asked questions.

Military Medical Malpractice Lawyers

The military medical malpractice lawyers at Brown Law have the skill and expertise to get you the justice you deserve. Although no amount of money can ever make up for an injury or wrongful death caused by medical malpractice, the compensation we could help you recover will go a long way in covering medical costs and the pain and suffering you have endured. To encourage injured parties to learn more about their legal rights, our law firm provides free initial consultations, consideration even if another law firm has turned you down, and availability 24 hours a day seven days a week.

When brave men and women like you take on the challenge of protecting our country’s freedom, they deserve the best in legal representation. At Brown Law, we never charge any fees unless we are able to secure the compensation you deserve. Please call us toll-free at 1-877-695-8757 24 hours a day seven days a week. You can also email us at LawHelp@MilitaryMedicalMalpractice.com or by using the online form at the upper right-hand side of the screen.


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