Active-duty military personnel perform a critical service for the country. Because of the sacrifices they make every day, service members deserve high-quality medical care and treatment. Unfortunately, medical mistakes do occur at military medical facilities, often with devastating effects for patients and their families.
If you suffered an injury because of medical malpractice at a military hospital, you need an experienced legal professional in your corner. A Bridgeport military hospital malpractice lawyer at Berkowitz Hanna can help you understand your legal options and work with you to pursue the payments you need.
Since the precedent set forth in the Feres Doctrine in 1950, active-duty service members have not been allowed to sue the federal government for their injuries. In theory, this policy makes sense because it prevents injured military personnel from suing for injuries suffered in combat. If military personnel could sue the government every time a service member suffered an injury, the military branches would not be able to operate successfully. In practice, though, this policy was problematic, especially when it came to injuries sustained in military hospitals. Service members should be entitled to safe medical care for their injuries and illnesses. When they receive substandard care, they should be eligible to receive compensation.
Fortunately, service members can now pursue claims against the federal government for illnesses and injuries they sustained due to malpractice at military medical facilities. According to the 2019 SFC Richard Stayskal Military Medical Accountability Act, active-duty military personnel can now pursue claims for compensation after suffering illnesses, injuries, or death due to malpractice.
The process for recovering compensation is not the same as with civilian malpractice claims. Instead of filing a suit in a civil court against the negligent medical worker who caused the injury, the claims are adjudicated outside of court. Additionally, the claims are against the federal government rather than the negligent medical worker.
To prevail in a claim, the injured service member needs to prove that they received substandard medical care at the military medical facility. They also must demonstrate that the negligent and unreasonable care from the health care worker resulted in negative health effects.
The Bridgeport attorneys at Berkowitz Hanna have extensive experience handling military malpractice claims. Skilled legal professionals know how to maximize an injured service member’s recovery.
When it comes to healthcare, some level of error is inevitable. A provider’s mistakes only amount to actionable malpractice when their treatment or medical advice does not meet the standard of care for other reasonable medical providers with similar training and education. Some common examples of hospital malpractice include, but are not limited to:
A Bridgeport lawyer can provide clarity on what types of military hospital mistakes constitute malpractice.
Military malpractice claims are often complex. To succeed, you need a seasoned legal professional on your side. A knowledgeable Bridgeport military hospital malpractice lawyer knows how to follow the correct procedures. Our attorneys know how to help Army, Navy, Marines, and Coast Guard service personnel who have suffered injuries due to malpractice at military hospitals and other medical facilities.
Work with a legal team that fights hard for what is right. Contact Berkowitz Hanna today to get started.