Military Medical Malpractice Against the VA, the Military, and the U.S. Government

• March 11, 2014
• Personal injury Blog

In 1946, the Federal Torts Claims Act (FTCA) was enacted, giving everyone the right to sue the Federal Government. Under this act, people who were injured from the negligence of Federal agencies and/or their employees were entitled to compensation. This covers all commissions of negligent act and negligent omissions. In 1950, the U.S. Supreme Court ruled that the FTCA immunization of federal government does not extend to suits or claims regarding the death of any U.S. armed forces serviceman while on active duty.

This principle, known as the “Feres Doctrine” (named after the case), has been applied to the medical field and prohibits the families of service men from being able to hold the government liable for medical malpractice from military doctors. While the Supreme Court has immunized the federal government from medical malpractice claims by active duty service-members despite the enactment of the FTCA, there have been lingering efforts to remove this immunity and allowed our Nation’s service members to rightly hold the government liable for their military medical malpractice claims.

However, there are exceptions to this where medical malpractice claims within the military complex may be brought against the United States government. Because the Feres doctrine only applies to active service members, spouses and family members, who fall within the military healthcare system, may sue the government for military medical malpractice when they received negligent treatment. Also, individuals who have been injured outside the country and seek a military medical malpractice claim are allowed to bring them under the Military Claims Act, or MCA.

Economic damages are included in the compensation. The damages include actual medical and rehabilitative expenses, lost income, cancelled trips, and other modifications in one’s lifestyle due to a disability. The compensation also includes noneconomic damages such as those that compensate one’s pain and suffering and lost enjoyment of life. There is also compensation for future losses and damages. Before one can successfully make a claim under the FCTA, it is important to prove the injury and the negligence of the VA or the military.

d’Oliveira & Associates believes that every injured individual deserves to be compensated properly for the injuries suffered due to the negligence of another party. The negligent party must answer for all the consequences of his or her act or omission. The VA, the military, and the U.S. Government are no exception. The men and women who serve our nation are entitled the best representation and compensation for their injuries whenever possible. Additionally, the family members that bear a portion of the burden and who support these members also deserve the best. Although the task of holding the U.S. government accountable may seem like a daunting one, contacting a military medical malpractice attorney who is experienced in this field is the best way to ensure and uphold our commitment to our armed forces.

If you or a loved one has been injured or has suffered a severe or life-threatening side effect because of military medical malpractice, you need the services of not just any lawyer but a reputable and professional medical malpractice attorney. Working with the best military attorneys and medical malpractice attorneys handling these cases in the nation, the attorneys at d’Oliveira & Associates want you to know that you are entitled to the best legal representation and compensation for your military medical malpractice lawsuit.

Please contact the law offices of d’Oliveira & Associates at 1-800-992-6867 or fill out a contact form for a free legal consultation.

Paul d’Oliveira

Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.

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