When military healthcare providers make mistakes, the consequences can be life-altering for service members, veterans, and their families. Medical malpractice at military hospitals and VA facilities can lead to serious injuries, delayed diagnoses, or wrongful death.
If you or a loved military member or veteran suffered a medical malpractice injury or death, the military medical malpractice lawyers at Kline & Specter can help. Our attorneys, including former military personnel – among them a retired Marine Corps major – stand ready to serve those who served our country. We will provide a free evaluation of your case.
Understanding the Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) allows people to file lawsuits against the federal government for injuries caused by the negligence of government employees, including military healthcare providers.
Under the FTCA, active-duty service members generally cannot sue for medical malpractice due to the Feres Doctrine, which bars claims from injuries sustained during military service. However, military dependents, veterans, and civilian employees can seek compensation for medical negligence at military hospitals or clinics.
Understanding the Military Claims Act
The Military Claims Act (MCA) allows individuals to seek compensation for property damage, personal injury, or wrongful death caused by the negligence of U.S. military personnel or civilian employees acting within their official duties.
Unlike the FTCA, which covers domestic incidents, the MCA primarily applies to claims arising outside the United States. Compensation is limited to actual damages, and certain claims – such as those involving combat-related activities – are excluded.
Differences Between FTCA and MCA Claims for Medical Malpractice
The FTCA and MCA both allow individuals to seek compensation for military medical malpractice, but they have critical differences:
- FTCA claims can be filed in federal court. MCA claims are handled administratively. This means a lawsuit is not an option if the claim is denied.
- The FTCA covers military dependents, veterans, and civilians. The MCA allows active-duty service members to seek compensation for medical malpractice but does not permit court litigation.
- MCA claims have discretionary payouts determined by the government. FTCA cases may result in higher settlements.
The Role of Military Attorneys in Medical Malpractice Cases
Military attorneys are crucial in medical malpractice cases involving active-duty service members, their families, and veterans. They assist with the following:
- Providing legal guidance on filing claims under the FTCA or MCA and helping navigate the complex administrative process.
- Gathering medical records, filing Standard Form 95, and negotiating settlements with the government.
- Helping claimants understand their rights, ensure compliance with legal deadlines, and advocate for fair compensation.
What Evidence Is Needed to File a Claim for Medical Negligence in a VA Hospital?
Filing a medical negligence claim against a VA hospital under the FTCA requires strong evidence, including:
- Medical Records: Documentation of treatments, diagnoses, prescriptions, and surgical procedures to establish what occurred.
- Expert Testimony: A medical professional's evaluation to confirm the provider's actions deviated from the standard of care.
- Proof of Damages: Records of additional medical expenses, lost wages, and pain and suffering that resulted from the malpractice.
- Standard Form 95: The required claim form detailing the negligence and requested compensation.
Why Choose Kline & Specter?
Kline & Specter's attorneys are highly qualified to prosecute medical malpractice injury claims on behalf of America's active-duty military and veterans. We have five lawyers who are also doctors — the most of any firm in the nation — and we've won hundreds of seven- and eight-figure medical malpractice verdicts and settlements. To state just a few:
- $100 million verdict: Awarded by a Philadelphia Common Pleas jury, this verdict was the largest-ever medical malpractice award in Pennsylvania. It was handed down to a baby who suffered severe brain damage and an arm amputation due to negligence.
- $57 million verdict: Allegheny County (Pittsburgh) verdict against a midwife whose actions caused infant oxygen deprivation, which resulted in cerebral palsy.
- $49 million verdict: This verdict was awarded by a Philadelphia jury for a young man who sustained severe brain damage due to a hospital error.
- $42 million verdict: This federal court verdict — for injuries suffered in a botched medical procedure — was believed to be the largest ever for a medical malpractice case in the U.S. Middle District of Pennsylvania.
Among our attorneys litigating medical malpractice cases is retired U.S. Marines Maj. Conor Lamb. He was a judge advocate in the military and later a federal prosecutor and congressman.
As a judge advocate, Lamb prosecuted general courts-martial for rape and sexual assault. For his service, Lamb was awarded the Navy and Marine Corps Commendation Medal with two gold stars, the Sea Service Ribbon, the National Defense Service Medal, and the Global War on Terrorism Service Medal.
Lamb later worked as a prosecutor for the U.S. Attorney for the Western District of Pennsylvania, where he won several highly publicized convictions against drug dealers, firearms traffickers, bank robbers, and other violent criminals. While in the U.S. House for over two terms, he served on the Veterans Affairs Committee, among other legislative panels. Lamb earned his bachelor's and law degrees from the University of Pennsylvania.
Discuss Your Case Today
Military medical malpractice cases involve complex legal processes, strict deadlines, and unique challenges.
Whether you are a military dependent, veteran, or active-duty service member exploring your legal options, you need experienced legal representation. At Kline & Specter, our attorneys understand the intricacies of FTCA and MCA claims and are prepared to fight for the compensation you deserve.
If you or a loved one has suffered from medical negligence at a military facility, call Kline & Specter at 215-772-1000 or submit our contact form to discuss your case.
We are ready to help you navigate an FTCA or MCA claim. There are no fees unless we win your case. Kline & Specter handles cases in Pennsylvania, New Jersey, New York, and Delaware. For cases outside those states, Kline & Specter works with local attorneys in each state as applicable.