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The Federal Tort Claims Act: Suing the Government for Military Hospital Negligence

Military hospitals are owned and operated by the U.S. government. Therefore, medical malpractice cases must be handled differently when the negligence occurs in military hospitals. The Law Offices of Dr. Michael M. Wilson, M.D., J.D & Associates understands the distinct differences between standard medical malpractice cases and military hospital malpractice. Call us today at (202) 684-2889 to find out if you have a case.

Military Hospital Malpractice Is a Growing Concern

As reported in a recent article by the Washington post, it appears that a number of military hospitals provide substandard care. After a review of the military's healthcare system, eight separate facilities run by the Pentagon have been found with "significantly higher than expected" rates of patients falling ill after receiving treatment at those facilities.

Allegations of substandard care provided by the Department of Veterans Affairs (VA) is what originally prompted the review as ordered by Defense Secretary Chuck Hagel. The results of the review showed that some areas of the military healthcare system were performing better than the civilian healthcare system, but other areas were found to be "below national benchmarks."

Read the full story by clicking here.

Overview of the Federal Tort Claims Act

The U.S. Government, which owns and operates the military hospitals, can be sued through the Federal Tort Claims Act. Attorney Michael M. Wilson—who is also a physician with trained medical insight—has prosecuted these types of cases.

In the event of medical malpractice in a military hospital, a Standard Form 95 must be completed and provided to the government within two years of the medical malpractice, although some exceptions exist. These cases require careful adherence to the rules of the Federal Tort Claims Act or else the claim can be rejected.

  • You must file within 2 years
  • You can only sue federal employees under the FTCA
  • The negligence must have occurred within the scope of the defendant's employment
  • Claims for intentional misconduct are not included; only negligence cases
  • Your claim must comply with the laws of the state in which the negligence occurred

Injured or ill due to military hospital negligence? Call now!

Contact a lawyer from the Law Office of Michael M. Wilson, M.D., J.D. & Associates today if you need to file a lawsuit for military medical negligence and malpractice. Our team can help you understand your case and prepare the strongest possible claim under the Federal Tort Claims Act. We have recovered more than $78 million for victims of medical malpractice and we can fight for you!

Call now at (202) 684-2889 to schedule your free initial consultation.

Categories: Medical Malpractice