As a member of the military, you’re just as entitled as civilians to receive quality patient care from the healthcare providers that treat you. Unfortunately, physicians and other medical professionals do make mistakes. They can cause serious bodily harm through various types of medical errors, leading to considerable losses that impact many aspects of your life. However, military medical malpractice claims proceed very differently as compared to cases under Florida laws. The good news is that recent developments in the law have filled the gaps where, previously, your rights were limited.
Our team at Palmer | Lopez is committed to providing our military clients with skilled, experienced legal services in the area of medical malpractice. We stay current in the laws that affect your rights, and we apply our knowledge to get you the top compensation allowed by law. Please contact our firm to schedule a complimentary case evaluation with a lawyer. We’re happy to explain your legal options under a new federal law, but you may also find it useful to review our services in this unique practice area.
Our Legal Services for Members of the Military
Though the legal process is different for civilian and military victims of malpractice, many of the mistakes made by Department of Defense (DOD) healthcare providers are the same. Palmer | Lopez handles a wide range of military medical malpractice claims, including those founded upon:
- Mistakes in administering anesthesia;
- Surgical errors;
- Misdiagnosis, through delays or errors in identifying a medical condition;
- Birth injuries;
- Medication errors;
- Pharmacy malpractice; and
- ER errors.
Legal Basis for Liability in Military Medical Malpractice Claims
Until recently, members of the military were required to pursue a negligent healthcare provider under the Tort Claims Act and Military Claims Act. Your rights were severely limited through these proceedings, since the laws didn’t extend to medical injuries arising out of active service.
With the passage of the National Defense Authorization Act for Fiscal Year 2020 (NDAA), the process is somewhat different and advantageous to your interests. You’re now able to file a claim with the Secretary of Defense, who is authorized to settle and pay out compensation if you suffer harm because of malpractice caused by a DOD healthcare professional. You should note two key provisions in the NDAA:
- You can only recover up to $100,000 through a medical malpractice claim through the DOD. If your losses are higher than that amount, your claim is forwarded to the Treasury Department.
- You have two years to file a claim for medical malpractice, starting from the date you discovered the injury.
Discuss Your Legal Options with a St. Petersburg Military Medical Malpractice Lawyer
Because of the unique features of the NDAA, it’s essential to retain an attorney who has specific knowledge in this area of law. Our team Palmer | Lopez is dedicated to serving members of the military, so we’ll work relentlessly to ensure you recover the monetary damages you deserve. Please call 813-967-8505 or go online to set up your free consultation today.