Kansas City Townsend Law Firm

What to Know About Filing a Military Medical Malpractice Lawsuit

On Behalf of | Jan 15, 2020 | Medical Malpractice

Military service members should never have to worry about receiving compensation if they are harmed due to the careless and negligent actions of military healthcare professionals. Unfortunately, they have been unable to file military medical malpractice lawsuits for decades. That is about to change and medical malpractice cases can be filed by military personnel, service members and their family members. At Townsend Law LLC, our Kansas City medical malpractice attorneys want to discuss a new law that opens the door for military service personnel to hold negligent doctors and healthcare professionals accountable for their actions through military medical malpractice.

Military Service Members Have Been Unable To File Medical Malpractice Lawsuits

For more than 70 years, the men and women of the US armed forces have not been able to file medical malpractice lawsuits against any military healthcare professionals who harm them due to a medical mistake. This is due to the Feres Doctrine, a law that prevents any military service member from suing the federal government.

For far too long, the Feres Doctrine has shielded military doctors and surgeons from liability for mistakes that they make that harm service members. Army Sgt. First Class Richard Stayskal found this out first-hand after he was diagnosed with terminal lung cancer that his military doctor failed to diagnose.

Since his diagnosis in 2017, Sgt. Stayskal and his wife, along with other military service members, have worked to get this law changed. It has been a hard road, but they have finally been successful. The National Defense Authorization Act (NDAA)was recently passed by Congress and signed by the president with a provision that finally allows service members to file medical malpractice claims against the federal government.

Nobody Ever Doubted That Mistakes Occurred

According to researchers at Johns Hopkins University, medical mistakes kill as many as 250,000 people each year in this country and injure millions more, or there is this article from Medscape that offers a more balanced view, citing it could be 50,000-98,000 deaths per year. We may not know the exact numbers, but we know that 1 is too many.

It would be foolish to think that military healthcare professionals do not make mistakes, or that military hospitals and VA Hospitals, as healthcare providers, do not suffer from the same challenges as civilian hospitals – and the medical negligence that can stem from those challenges can be just as devastating and need the assistance of a medical malpractice attorney. Just like civilian healthcare professional, military doctors from all branches, U.S. Army, Navy, Air Force, and other United States Government surgeons, nurses, and more can all make the following:

  • Misdiagnosis
  • Surgical mistakes
  • Diagnosing errors
  • Medication errors
  • Healthcare-acquired infection mistakes
  • Wrongful death
  • And more

Military leaders were against this change, but logic prevailed. Those injured by medical mistakes, whether they are military service members or civilians, incur tremendous medical expenses, and often have long-lasting pain and suffering and can benefit from being able to utilize a medical malpractice lawyer for personal injury they suffered from medical negligence that former or active duty military personnel, military members and their family members may have experienced as a result of medical care in a U.S. Government hospital, military hospital or VA Hospital.

Let Our Team Get To Work On Your Case

If you or a loved one are a military service member that has been harmed due to the careless or negligent actions of a military healthcare professional, contact a law firm today about your claim of negligent medical care. You may be entitled to significant compensation, for different claim types including medical negligence, administrative claim, and more. Federal Tort Claims Act cases (FTCA cases) against a U.S. Government medical center can sometimes take years to get through, and will need to be weighed against the benefits of Section 1151. As with nearly all medical negligence cases there is a statute of limitations, so please seek legal assistance quickly.

At Townsend Law LLC, our knowledgeable and experienced team can offer legal advice for military medical malpractice claims and will work to secure the following compensation for your claim on your behalf:

  • Coverage for all medical expenses related to the mistake
  • Coverage of any lost income and benefits
  • Loss of enjoyment of life damages
  • Pain and suffering damages
  • Punitive damages against the healthcare provider and/or the federal government in federal court

When you need a Kansas City medical malpractice attorney or a military medical malpractice lawyer, former and active duty members can call us today for a free consultation.

We can help, contact us for a free consultation by clicking here or call us at 816-408-6476.