Members of the military can suffer various types of injuries depending on the nature of their assignment. When this happens, a service member is likely to be treated by another servicemember trained in medicine. However, if the military’s medical provider causes the patient to suffer a severe injury, the patient may wonder whether the medical provider can be held reliable for their injury. If you are in the military and was injured due to military medical malpractice, you should consult with an experienced Maryland military medical malpractice attorney as soon as possible.
The Law Offices of Randolph Rice understands the severe injuries many servicemembers have to contend with and believes that each servicemember should receive the medical care they deserve. No member of the military should be left with mounting medical bills due to the negligence of a military medical provider. To schedule a free legal consultation to discuss your military medical malpractice claim, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact the firm online.
Maryland Military Medical Malpractice Laws
When a person visits a doctor for treatment, they expect their doctor to uphold the standard of care within their field. However, there are many occasions where a doctor could act negligently and cause injury to a patient. For example, if a surgeon left a foreign object inside a patient, this could lead to a number of health issues for a patient.
Ordinarily, a patient that was injured due to the medical negligence of a doctor would be able to seek compensation from that doctor in a medical malpractice claim. However, for service members that experienced malpractice at the hands of a military medical practitioner, it used to be that a servicemember could not file a malpractice claim against a military healthcare provider. Fortunately, that changed with the introduction of the 2020 National Defense Authorization Act.
The 2020 National Defense Authorization Act made it possible for military personnel and their next of kin to file medical malpractice claims and wrongful death claims against the federal government for malpractice. Note, however, that there are some limitations that have been placed on medical malpractice claims by servicemembers.
One major limitation posed by the National Defense Authorization Act is that members of the military will be unable to file medical malpractice claims for injuries that were sustained from medical attention received in a combat zone.
Another limitation is that a service member that is a victim of medical malpractice will be unable to sue a military healthcare provider in federal court. Instead, the malpractice case must be handled within military law guidelines. This is troublesome because the Department of Defense does not have a plethora of experience handling medical malpractice lawsuits. As a result, a servicemember may have difficulty earning the compensation they deserve after a serious medical mistake.
Depending on the value of your case, you could be compensated by the Department of Defense or the U.S. Treasury Department. Accurately, claims under $100,000 will be paid out by the Department of Defense if successful.
To learn more about when a servicemember can file a medical malpractice claim, you should continue reading and speak with an experienced Maryland medical malpractice lawyer for military as soon as possible.
When to File a Medical Malpractice Lawsuit for Injured Military Personnel
Members of the military that were injured due to medical negligence should be aware that federal law only provides them with a limited timeframe to file their lawsuit. This law is referred to as the statute of limitations, and it determines when a potential plaintiff must file a lawsuit with a court of law. In the case of a military medical malpractice claim, there may be other procedures involved when filing a case.
When a potential plaintiff does not file their lawsuit before the deadline, the case could be barred forever. As a result, the victim will be unable to seek compensation for injuries suffered due to medical malpractice.
The National Defense Authorization Act has set a two-year limitation on medical malpractice lawsuits against military healthcare providers. Specifically, a service member must file their lawsuit within two years of the date of the injury. Fortunately, there are some exceptions that the National Defense Authorization Act has provided for injured service members.
One important exception is that incidents of medical malpractice that occurred in 2017 can still be pursued in a malpractice or wrongful death lawsuit in 2020. Unfortunately, if you sustained an injury due to medical negligence prior to 2017, you will be unable to file a lawsuit under the National Defense Authorization Act.
Our firm understands that it can be hard to deal with a medical malpractice claim so soon after an injury, and we are to help you through these difficult times.
Consult with Our Experienced Maryland Military Medical Malpractice Lawyer to Discuss Your Case
If you or a family member was a victim of medical negligence from a military healthcare provider, you should contact an experienced Maryland military medical malpractice lawyer today. The legal team at the Law Offices of Randolph Rice has worked on a multitude of medical malpractice claims, and we would be honored to work with you on your potential case. To schedule a free legal consultation to discuss your case, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also schedule a consultation online.