INJURY DUE TO MEDICAL NEGLIGENCE IN MILITARY AND VA HOSPITALS

These cases involve the “Federal Tort Claims Act” within the United States and the “Military Claims Act” for cases arising overseas. Claims for injuries under these statutes must be properly filed and made within two years from when the injury is realized by the patient. This includes children under the age of 18 whose claim must be filed by their parent or guardian within those two years. These acts provide for monetary compensation from the federal government upon a showing that the medical care in question was not within the accepted standard of medical practice for the medical specialty involved and that the injury to the patient was directly caused by the alleged negligent care.

These laws allow the branch of service to take up to six months to decide whether to settle or deny a case. If the case arises within the United States and no settlement can be reached, the case may be tried in a United States District Court before a United States District Court judge. If the case arises overseas and no settlement can be reached, an appeal may be made to the Secretary of the Army, Navy, or Air Force.