When people put their lives on the line to serve this country, they make sacrifices every day. Service members deserve fair treatment in all aspects of their lives, including medical care. Military personnel and their families should have access to doctors and healthcare workers who have the knowledge and resources to manage and treat their medical conditions and injuries. Unfortunately, sometimes mistakes occur in military hospitals, just as they do in civilian medical care facilities.
If you or a loved one suffered harm in a military hospital, it is important to understand that pursuing a claim for compensation is not the same as it is with civilian hospital malpractice. It is critical to have a seasoned legal professional in your corner to navigate your case. A knowledgeable New Haven military hospital malpractice lawyer can help you navigate the process and give you the best chance of obtaining a successful outcome.
In the past, active-duty military personnel could not file suit against the federal government, even for injuries or deaths resulting from malpractice at medical facilities. The Supreme Court decided a case commonly known as the Feres Doctrine, which prevented service members from suing the government for any type of injury that they suffered while on active duty. This created a situation where service members and their families had no means of recourse to seek justice and compensation for their injuries and other losses resulting from medical malpractice. Fortunately, in recent years, the law has changed. Congress enacted the National Defense Authorization Act in 2020, which grants active-duty service members and certain family members the legal right to file claims when they suffer injuries or deaths caused by military healthcare providers.
Securing compensation under the National Defense Authorization Act requires the assistance of a seasoned legal professional. With proper help, injured military personnel could receive compensation for all types of medical malpractice, including the following:
A dedicated New Haven attorney can help an injured service member pursue a claim for any type of injury resulting from a military hospital or medical professional’s negligence.
While service members have the right to pursue compensation for malpractice, there are several limitations. For instance, military personnel cannot pursue claims for injuries resulting from malpractice in combat zones. Injured service members also cannot pursue claims in federal courts. Instead, they need to file claims administratively.
Under federal law, there is a two-year statute of limitations, which means that active-duty military personnel only have two years to file a claim before they lose the right to obtain compensation. Working with a New Haven attorney as soon as possible after a military hospital malpractice incident can give the best chance of securing relevant evidence to build a claim.
Everybody deserves quality medical care, especially active-duty military personnel. If you believe you or your family member suffered harm as a result of a military medical worker’s negligence, you might be eligible to collect compensation. An experienced New Haven military hospital malpractice lawyer can help you follow the correct procedural steps to obtain the payments you deserve.
Contact Berkowitz Hanna today to learn more about your options. Your initial consultation is free of charge, and you do not owe us anything unless we win for you.