PROTECTING RIGHTS OF THOSE HARMED BY MILITARY MEDICAL NEGLIGENCE
Military Medical Malpractice
Since 1998, the attorneys at MillerMasciola have represented military medical malpractice victims who have suffered major injuries and other losses as the result of negligence by military healthcare providers and other personnel from all branches of service. We take pride in our track record of obtaining generous settlements and jury awards. If you have been injured by the negligence of a medical professional in the military, you deserve compensation for pain and suffering, past and future medical expenses, emotional distress, and lost income. We are “A Military Family Law Firm Serving Military Families and Medical Professionals.”
Experts By Your Side
Medical malpractice cases require attorneys to have specific knowledge about both the law and complex issues related to medical terminology, treatment, and technology. We have established professional relationships with leading physicians, pharmacists, and other medical experts who assist us in recovering the compensation you rightfully deserve.
With diligence and dogged determination, we fight for victims of substandard or negligent emergency medicine, surgery, orthopedics, psychiatry, anesthesiology, obstetrics and gynecology, neurology and neurosurgery, neonatology, plastic surgery, oncology, and ophthalmology.
Experts By Your Side
Medical malpractice cases require attorneys to have specific knowledge about both the law and complex issues related to medical terminology, treatment, and technology. We have established professional relationships with leading physicians, pharmacists, and other medical experts who assist us in recovering the compensation you rightfully deserve.
With diligence and dogged determination, we fight for victims of substandard or negligent emergency medicine, surgery, orthopedics, psychiatry, anesthesiology, obstetrics and gynecology, neurology and neurosurgery, neonatology, plastic surgery, oncology, and ophthalmology.
Preserving Your Rights
Talk to an attorney at MillerMasciola as soon as possible if you believe you are a victim of medical malpractice. When you immediately pursue your medical malpractice claim, your attorney can preserve crucial evidence and testimony. You can take vital steps to protect evidence and prepare for your appointment with one of our skilled medical malpractice lawyers:
Gather all documents related to your medical treatment
Take photos of your injuries
Record events and conversations related to your medical treatment in a diary
Collect tax and employment paperwork that show loss of income
Some immediate steps we will take include:
Collecting your medical records
Thoroughly investigating your case
Interviewing witnesses
Applying the complex laws and regulations to your claim
Consulting with medical professionals and arranging expert testimony
Zealously representing you in negotiations and trial
Affordable representation for victims of malpractice
We handle your personal injury claim on a contingency basis so legal bills do not compound the financial stress resulting from your injuries. You don’t pay us until we win.
To expedite our investigation of your case, our attorneys schedule appointments on evenings and weekends. If your injury prevents you from coming to our Washington, DC office, our attorneys make hospital or home visits.
Contact our Washington, DC Military Medical Malpractice Attorneys today at (202) 223-8181 for a free evaluation of your claim.
Read here for an update on the law allowing active duty military personnel to file administrative medical malpractice claims against the US Government.
Not quite, but it’s wounded! A 2019 defense spending bill has carved out an important exception to the Feres Doctrine, allowing people to seek compensation for injuries caused by military medical malpractice suffered during active duty military service.
Since the Supreme Court’s 1950 decision in Feres v. United States, the Feres Doctrine has prevented service members who suffer injuries “incident to” military service from successfully suing the federal government under the Federal Tort Claims Act (FTCA) or the Military Claims Act (MCA). Supporters of the Feres Doctrine argue that civil courts should not be permitted to second-guess military command decisions made in the heat of combat situations. Critics of the Feres Doctrine say that the scope of injuries considered “incident to” military service is far too broad, and the Feres Doctrine limits the rights of service members to seek compensation for injuries that have nothing to do with military combat.
Over the years, the Feres Doctrine has been invoked to block service members from filing claims for medical malpractice when they were injured by the negligence of military doctors, even outside of combat situations. For example, in 2014, Navy Lt. Rebekah Daniel bled to death within hours of childbirth at a Washington state military hospital, but the Feres Doctrine blocked her husband from pursuing a medical malpractice claim—even though his wife’s labor and delivery hardly seemed “incident to” military service.
Recognizing the injustice of outcomes like Lt. Daniel’s, Congress carved out a limited exception to the Feres Doctrine in the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which was signed into law on December 20, 2019. Section 731 of the NDAA now permits active duty military personnel to file administrative claims for medical malpractice against the US Government based on negligent care given by military medical providers.
Active duty military personnel are still blocked from filing lawsuits, but for the first time since the Feres Doctrine came into effect in 1950, military victims of malpractice may file claims and obtain compensation from the US Government for injuries suffered due to the negligence of military doctors and other health care providers.
This is far from the end of Feres. Nonetheless, it is an important victory for active duty service members and their families.
Despite this positive news, pursuing a medical malpractice claim against the US Government remains an often uphill battle. If you or a loved one were injured by a medical error during active duty military service, seek assistance from attorneys with experience navigating the military’s complex administrative tort claims process. Effective legal representation may help you to maximize your financial compensation obtained from a military medical malpractice claim.