Physicians, nurses, pharmacists, and other medical practitioners who work in military clinics and hospitals should observe the same standard of care as medical professionals who work in civilian medical facilities. Service members, their dependents, and veterans all deserve skilled medical care that they can rely on to keep themselves healthy. Unfortunately, just as with civilian medical workers, military medical providers occasionally make mistakes.
If you or your family member sustained harm from an error in a military medical facility, you might be entitled to compensation for your losses. A Danbury military hospital malpractice lawyer can help you review your legal options. Our skilled hospital malpractice team has experience handling cases like these and is prepared to fight for what you deserve.
Military hospital malpractice is no different from civilian hospital malpractice. While malpractice can occur when a military medical worker makes a mistake that causes a patient to suffer, not every medical error amounts to malpractice.
Sometimes medical mistakes are not preventable. Even with the best training and education, doctors cannot be perfect. Physicians cannot cure every illness. Some patients’ conditions are too advanced or aggressive to respond to recognized medical treatments. Other times, medical workers do the best they can under the circumstances. For example, an emergency room physician might mistakenly give a patient the wrong diagnosis because they did not have all the patient’s medical history and background available to them because the patient was unconscious. Without all of the relevant information available, the emergency room doctor might make a mistake, but that error might be reasonable given the exigent circumstances in the emergency room.
Malpractice happens when a medical worker provides substandard care. If another healthcare provider with a similar background and training likely would have acted differently, that error could be actionable malpractice. An experienced Danbury attorney can take the time to review a patient’s medical record with other physicians and medical experts to determine whether there could be a viable claim for medical malpractice.
Although the grounds for filing a claim are the same, the legal process differs between malpractice claims involving military medical personnel and civilians. Injured military patients cannot directly sue the negligent healthcare professional who made an error that resulted in their injury. In addition, under rules outlined in 1950 in the Feres Doctrine, active-duty service members could not file suit against the federal government for injuries from medical malpractice in military hospitals.
Fortunately, things have changed under the National Defense Authorization Act of 2020 and the SFC Richard Stayskal Military Medical Accountability Act of 2019. Under the Stayskal provision, in certain circumstances, active-duty service personnel can now pursue financial compensation from the federal Department of Defense for medical malpractice. This new provision comes with some limitations; service members cannot sue for malpractice for negligent care that happened directly inside a combat zone, and injured service members must submit claims to judge advocates for adjudication rather than filing a lawsuit.
It is crucial to work with a seasoned legal professional when handling a military hospital malpractice case in Danbury. The knowledgeable team at Berkowitz Hanna understands the procedural requirements that come with these cases and can take care to avoid common pitfalls.
Military personnel have the right to high-quality medical care. When service members suffer because of negligent medical care, they should have an avenue to pursue financial compensation for their injuries and other losses. Unfortunately, seeking malpractice damages for military hospital malpractice is not always straightforward. Working with a skilled Danbury military hospital malpractice lawyer can make all the difference.
If you are an active-duty service member who suffered harm due to medical malpractice, contact us at Berkowitz Hanna. We can walk you through your options during your free initial consultation.
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