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Military Medical Malpractice Lawsuit FAQs (Part 2)

December 24, 2013

If you think that you have a military medical malpractice claim, here are some helpful questions and answers that can provide more info about your rights.

As a continuation of Military Medical Malpractice Lawsuit FAQs (Part 1), the following presents some additional frequently asked questions and answers associated with medical malpractice lawsuits for military personnel.

Is there a time limit for filing my military medical malpractice lawsuit?

Yes, as with other types of personal injury cases, there is a time limit (technically known as a statute of limitations) for filing a claim or lawsuit. If you miss the deadline and don’t file your medical malpractice lawsuit against the Army, Navy or Air Force by the given statute of limitations, you may lose your right to file your claim and seek compensation for your injuries.

For cases  the Federal Tort Claims Act (FTCA) and the Military Claims Act (MCA), there is generally a two-year statute of limitations for filing military medical malpractice claims. There are some very limited exceptions, and exactly when the two year time limits starts to run varies depending on the facts of the case, so it is important you contact an attorney who has experience with the federal law applicable to military medical malpractice cases.

Is this statute of limitations the same if my claim involves an injury by a military doctor to my child?

Yes. Regardless of whether your military medical malpractice claims involves an injury to you, your infant or your toddler, there is a firm two-year statute of limitations for  filing these claims in order to obtain compensation. In cases that involve military birth injury claims at any Army, Navy or Air Force hospital, it’s crucial that parents of injured newborns speak with an experienced military medical malpractice attorney as soon as possible to ensure that they don’t lose their rights to file their claim.

If I file a claim, how long do I have to wait for compensation?

When FTCA or MCA claims are  filed, the specified defendants (whether that be doctors, midwives, nurses, or hospitals for the Army, Navy, Marines, Air Force) have at least 6 months to conduct their own investigations of the allegations. If these investigations are not resolved after 6 months, then the plaintiffs may file their cases in the federal courts.  Once in federal court, it can take many months to several years years for a case to be resolved, depending on how complicated the claims are and how quickly the individual federal judge can get the case set for trial..

Military Medical Malpractice Lawyers

The military medical malpractice lawyers at the Law Firm of 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, our malpractice lawyer never charges 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 on the upper right-hand side of the screen.

DISCLAIMER: An attorney-client relationship with us cannot be formed by transmission or receipt of the information on this Website and any information you send in an e-mail message to this website will not make you a client. We reserve the right to decline any representation for any reason. This Website is for informational purposes only and is not intended to provide legal advice. You should not act or rely on any information in this Website without seeking the advice of a lawyer