My baby had a birth injury at a military hospital. Can I pursue a case?
In many cases, yes. Although many government institutions have immunity from malpractice lawsuits, the Federal Tort Claims Act (FTCA) allows individuals to seek justice, provided that they are not active servicemembers at the time of the injury. Often, those who pursue military hospital medical malpractice cases are the spouses or dependents of the active servicemember. This can get somewhat complicated if the injury occurred at an overseas clinic, however, as these cases are sometimes conducted under the Military Claims Act. This is a separate system for pursuing a claim. Because of the nuances of the law, it is imperative that individuals seeking justice for children with birth injuries select an attorney well-versed in both military medical malpractice and birth injury.
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