A NEW FEDERAL LAW ALLOWS ACTIVE DUTY MILITARY TO SEEK COMPENSATION FOR MEDICAL MALPRACTICE
Military Medical Malpractice
For several decades, active duty military have been unable to obtain compensation for medical malpractice. This unfair policy has finally been changed. In December of 2019, the National Defense Authorization Act was signed into law, adding a medical malpractice provision to the Military Claims Act. This allows active duty members of the military to bring claims against the government for injuries suffered as a result of negligence by any person federally employed as a doctor, nurse, surgeon, or other medical professional These claims are brought administratively, and the Judge General Advocate of an Armed Force is authorized to issue settlements up to $100,000. Claims that are determined to have merit, but exceed $100,000, will be sent to the Secretary of the Treasury for approval and payment.
Wrongful Death Claims
If you are the family member of a service member who has lost their life as a result of the negligence of a person federally employed as a doctor, nurse, surgeon, physician or other medical professional, you may be able to bring a wrongful death claim under the Military Claims Act. You or your family may be able to recover for a loss of monetary support from that family member, a loss of ascertainable contributions and services, and their pain and suffering.
Statute of Limitations
If you believe that you or a loved one may have a Military Claims Act issue, it is important to act quickly because these claims have a statute of limitations barring recovery after a certain date (typically two years following the date of injury).
Perry Charnoff Has Unique Experience with These Claims
Few law fims have familiarity with the Military Claims Act. There are many reasons for this, but in short, because it is an administrative process it requires different knowledge than the ordinary medical malpractice case. One of our founding partners, Scott Perry, has worked on these claims even before the law was changed and he looks forward to continuing to do so with active duty military.
Contact the attorneys are Perry Charnoff at 703-291-6650. We handle such matters throughout the country.
Additionally, you can visit our Military Claims Act page, containing more information about the process of bringing an administrative medical malpractice or wrongful death claim against the United States government.