Birth Injuries and Military Medical Malpractice

Legal Help for HIE, Cerebral Palsy, Pregnancy, Newborn and Birth Trauma Cases | FTCA and Military Medical Malpractice

Medical malpractice in the context of the military can look different than medical malpractice that occurs in regular civilian courts. These kinds of cases are conducted in front of a judge in federal court, rather than in front of a jury.

In military settings, there are a different set of regulations regarding who can and cannot bring a medical malpractice suit against a hospital or practitioner. In order for a suit to succeed, clients must hire attorneys that have specific experience in handling military medical malpractice cases.

Military Birth Injury and FTCA Cases - Reiter & Walsh, PC Birth Injury Attorneys

Reiter & Walsh, P.C. | Detroit, Michigan Firm Handling Military Birth Injury Cases

In August 2016, Reiter & Walsh, P.C. hired attorney Euel Kinsey as a partner in the firm. Kinsey is highly skilled in birth injury and military medical malpractice law. He brings with him decades of specialized experience that allows him to successfully litigate birth injury law within both the civilian and military contexts, providing recourse to vulnerable families throughout the United States. His decades of experiences and dedication allow him to successfully litigate these complex cases in order to help the children and families impacted by birth injuries secure the funds necessary to secure their future medical expenses and care.

The Federal Tort Claims Act (FTCA) and Federally-Funded Hospitals

What Makes FTCA Litigation Different?

Veterans Administration Hospitals (‘The VA’), military facilities and federally-funded clinics are under the jurisdiction of the federal government. This means that a lawsuit against these facilities is a suit against the government. Usually, the government has ‘sovereign immunity,’ protecting it from lawsuits, but the FTCA provides an exception, letting people injured at these hospitals get the compensation they deserve. However, the FTCA prevents certain people from suing at all, because a ruling called the Feres Doctrine prevents certain people from suing. Also, certain employees can’t be sued under the FTCA, which contains a great deal of fine print:

  • Active military personnel cannot sue under the FTCA due to a part of the law called the Feres Doctrine. If they receive poor-quality healthcare that results in an injury in a military hospital, it is considered to be an injury in the line of duty and they are barred from seeking compensation.
  • Military personnel who had an injury while being treated at a hospital in a foreign country cannot sue, because the FTCA has a ‘foreign-country’ exclusion. This applied even if the servicemember was treated on a U.S. military base. They can attempt to sue under the Military Claims Act or the Foreign Claims Act instead.
  • Non-active military personnel can sue, and the dependents of active-duty military personnel can also sue.
  • Only federal employees can be sued under the FTCA – private contractors can’t. If a doctor is a private contractor, normal medical malpractice law applies.
  • The negligence must have been within the scope of the federal employee’s job.

Even though there are many limitations on FTCA cases, such cases are worth pursuing, so  looking into the process may still be beneficial for families of children with birth injuries in military hospitals.

What Does a Claim Under the FTCA Look Like?

Individuals injured by malpractice in a military hospital or federally-funded clinical must file an FTCA claim within two years from the “date the claim accrued.” Often (if not always) the “date the claim accrued” is the date the injury occurred. In the case of birth injury, that often means that the lawsuit must be initiated before the baby is two years old. This 2-year time frame is called the FTCA “statute of limitations,” or SOL, and it applies to both adults and minors. In some cases, the SOL can be longer (due to military service).

When the parents of a child with a birth injury from malpractice at a military hospital file a claim, they must fill out a document called the ‘Standard Form 95.’ Whatever they fill out on the form is the maximum limit they are allowed to be compensated for, so it is very important to understand all the damages that may have occurred because of the malpractice.

The medical facility has six months to review the claim and decide what to do – they can either:

  • Pay the claim in full
  • Settle the claim for less than the requested amount
  • Reject the claim (or fail or respond within the six-month time period)

If the claim is rejected, the plaintiffs (which are often the parents of the baby with a birth injury) have to file a lawsuit in federal court within six months.


Legal Help for Families Impacted by Birth Injuries at Military Hospitals

Birth Injury Attorneys | Reiter & Walsh, PC | Birth Injuries and Military MedicineIf you or a loved one had a birth injury such as cerebral palsy or hypoxic ischemic encephalopathy (HIE) after getting care at a military hospital, you can have help from the birth injury attorneys at Reiter & Walsh ABC Law Centers. Our firm has focused exclusively on birth injury litigation since the firm’s inception in 1997, and have the experience needed to help families secure their children’s future. From our primary location in Metro Detroit, Michigan, we help clients all over the United States. We’re able to assist clients in military medical malpractice cases in Michigan, Ohio, Washington D.C., Arkansas, Mississippi, Pennsylvania, Tennessee, Texas, Wisconsin and all other states.

We would be happy to evaluate your case and speak to you about your legal options; please reach out to us 24/7. We will never charge any up-front fees out of pocket, and will keep your information completely confidential.

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