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Military Birth Injury Lawyer: Representing Victims Of Medical Malpractice

Like civilians have access to local hospitals, military members are able to receive all medical services from thousands of military hospitals and medical centers all over the world. When a military member is pregnant, the same process applies to provide top-notch quality care during and after the pregnancy. Unfortunately, not all women receive access to proper care, resulting in birth injuries in the military hospital.

Military Medical Malpractice Claims

There are millions of Americans who receive their healthcare services through the military, so when medical negligence occurs, especially one that causes a birth injury, the hospital, doctor, or healthcare professional responsible should be held liable. Contact our experienced team of military birth injury attorneys today for legal advice on your potential case.

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What Is Military Medical Malpractice?

When a medical professional or other healthcare practitioner is "negligent" or delivers service that falls below the "standard of care," it is known as medical malpractice. The "standard of care" refers to the level of treatment that comparable health professionals believe to be acceptable in a given circumstance. Some examples of medical malpractice claims are as follows:

  • A duty of care was broken between the medical professional and the patient, resulting in preventable injuries.
  • Negligent actions and/or carelessness were given by the healthcare provider to the patient.
  • Physical suffering, mental stress, medical costs, severe disability, mental impairment, physical deformity, and/or lost potential for future income were all suffered by the patient as a result of the injury.

Medical services are often provided to service members and their families in a military hospital, clinic, or another healthcare facility such as an MTF or Veterans Administration (VA) Facility. The great majority of healthcare workers in such institutions are either active duty military personnel or government employees. Medical malpractice claims involving active-duty healthcare providers or those employed by the US government in a military facility are subject to unique laws and restrictions are known as the Federal Tort Claims Act.

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What Is The Federal Tort Claims Act (FTCA)?

Military medical malpractice lawsuits arise under the Federal Tort Claims Act, and anybody harmed by medical misconduct at military medical centers may be eligible for compensation through the (FTCA). HRSA-supported health centers were granted medical malpractice liability protection under the Federal Tort Claims Act (FTCA) by the Federally Supported Health Centers Assistance Act of 1992 and 1995. Health centers are classified as Federal workers under the Act and are protected from litigation, with the federal government serving as their primary insurance.

In order to file a medical malpractice claim and qualify for FTCA, you must do the following:

  • Military medical malpractice claims must be filed within a two-year timeline on the incident.
  • Notice of filing a claim and compensation requested must be submitted to either the Attorney General of the United States or an equivalent representative.
  • Upon submitting the administrative claim, the government has 6 months to conduct an investigation against the claims, and if they fail to do so within the allocated time, the injured active duty personnel may file their FTCA claim accordingly.

Can I Sue A Military Hospital For A Birth Injury?

Depending on where the accident occurred, military members, military families, and their dependents have two options for filing a lawsuit against the federal government following a birth injury with help from our law firm.

Option 1:

  • If the injuries occur in the United States, they can bring a military medical malpractice claim against the medical professional, facility or even the federal employee that caused the birth injury under the Federal Tort Claims Act (FTCA).

Option 2:

  • The Military Claims Act (MCA) permits the victims to make a medical malpractice claim against the government if the damage happened outside of the United States.

We recommend speaking with an experienced law firm like Banville Law regarding the details of your potential military medical malpractice cases. Our team of military medical malpractice lawyers can assist you in a free consultation to provide legal advice depending on the specifics of your case.

Learn more from our birth injury page here. 

Active Military Members vs. Military Veterans

Active-duty military members did not previously have the same legal rights as military veterans when medical malpractice occurs. Active-duty military personnel was typically prevented from pursuing claims against the United States government for injuries originating from their service under the Feres Doctrine, which was decided by the United States Supreme Court in 1950. They could no longer sue the government in a federal court for medical negligence as a result of this judgment.

Thankfully, this all changed in 2019, when an amendment was put into place called the 2019 National Defense Authorization Act that allowed active-duty members to file a suit against the federal government following their medical malpractice injuries. Not only did this get put into effect for the active-duty members, but also carried down to their family members who either survived or passed due to the malpractice accident. Throughout the following decade, Congress has set aside $400 million to address military medical malpractice claims. There is now no limit on how much a plaintiff may receive in damages.

Military Malpractice Birth Injuries: Labor and Delivery

It isn't always clear if a birth injury was caused by the negligence of military doctors, medical professionals, or other healthcare providers. Finding enough evidence to support your case can be difficult, and all medical malpractice claims must have proof that the incident could have been avoided if proper care was provided.

Birth Injury Law Firm: Items To Prove Following A Birth Injury

  • Proof of the birth injury itself
  • There was a prior doctor-patient interaction, implying that the military doctor or military hospitals owed you and your infant a duty of care.
  • Proof that the medical standard of care was below average and there was a lack of treatment from the medical doctors of healthcare physicians that were responsible for the health and safety of you and your child
  • Information showing that the injuries suffered by your infant were the result of medical negligence and/or carelessness during labor and delivery.

Common Birth Injuries In Military Medical Centers

Whether you were in a naval medical center, air force medical facility, army medical center, or any other military-run facility, the list of birth injuries is unfortunately pretty close in comparison. Some of the types of injuries seen amongst birth injury cases include but are not limited to:

Brain Damage

  • Brain trauma may have a significant influence on a child's development, and the effects can last a child's lifetime as well as cause severe fetal distress. Lack of oxygen to the brain and physical trauma, such as incorrect use of birthing equipment, are both common causes of brain injury.

Cerebral Palsy

  • Cerebral palsy is a mobility and development disorder caused by a lack of oxygen during pregnancy or birth. It causes weaker muscles, loss of coordination, and other abnormalities.

Broken Bones

  • Because infants are so delicate, it's critical that they're handled with care during labor and delivery. Improper use of instruments such as forceps, or even being unnecessarily rough with a newborn, can result in serious fractures that can lead to long-term health issues.

Brachial Plexus Palsy

  • The brachial plexus is a system of nerves that travels from your spinal cord to your arms and hands around your shoulder. It can have a significant influence on a child's ability to utilize their arm if it is injured at birth resulting in excessive physical pain or potential spinal surgery.

Erb's Palsy

  • Erb's palsy is commonly caused by being excessively rough with handling a newborn during the delivery and surgical errors caused by incorrect use of instruments such as forceps.

Learn More About Your Legal Rights Following A Birth Injury Caused By Medical Malpractice

The personal injury lawyers at Banville Law are ready to provide legal representation to military families who have children that have suffered from a birth injury due to the negligence of military medical professionals. We strive to carry a strong attorney-client relationship to ensure we provide a clear understanding of how our legal services can assist military families interested in filing a medical malpractice lawsuit.

Free Consultations For Birth Injuries

If you or a family member has been a victim of medical negligence, speak with a personal injury lawyer in a free evaluation today. We can assist military families in receiving compensation that can help with medical expenses, lost wages, and physical and emotional trauma to you and your child. Our law firm has provided legal advice for those involved in:

  • Navy medical malpractice cases
  • Army medical malpractice cases
  • Air Force medical malpractice cases
  • and more

Any information disclosed to us will stay confidential and you will pay nothing until your case is settled.

To learn more about FTCA, consider reading: A Guide To The Federal Tort Claims Act by Paul Figley

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