While many people may view medical malpractice as something that only occurs to the average Joe citizen, it can also happen for those who are currently serving in the military as well. Any person who is treated at a military medical facility is also entitled to the same rights for careful and professional treatment as any other facility, whether an active member of the military, a veteran or civilian. A military medical malpractice case is very similar to that of a civilian malpractice case, as all medical professionals are held to the same standards of excellence. Medical malpractice in the military may result from a medical professional who fails to give the proper care or demonstrates negligence, and for military people it is often by failing to stop an infection from spreading or giving the proper tests or treatments.

What can make this process complicating is the fact that people who are treated in a Veterans Administration (VA) hospital and receive wrongful treatment and want to pursue a malpractice claim, they actually are required to sue the federal government. Under the Federal Tort Claims Act (FTCA) essentially means that a private party has the right to pursue a lawsuit with the government, though there are a few exceptions. This would include if the act of malpractice was conducted by an independent contractor, and into hat case the federal government is given sovereign immunity from a lawsuit.

It is now important to realize that just because you are in the military or a veteran doesn't mean you necessarily have the right to file a FTCA claim against the government. This specific act pertains only to those military members who are no longer actively serving, in the event they receive any form of insufficient medical care that causes harm or injury in the country. As a member of the military (past or presently) there is a possibility you may not fall under the proper category to file a medical malpractice claim under FTCA. Due to the complicating nature of being in the military, there are many laws that protect medical professionals from medical malpractice lawsuits by those who are currently serving in the military. The "Feres Doctrine" was established in the past for this reason, therefore preventing any active duty member from a claim for malpractice if the treatment was received during their time on duty.

Under the FTCA regulations, no military member may pursue a lawsuit if they were in a foreign country at the time of the treatment, whether it was by an American doctor or a hospital on the field. This doesn't mean there are no ways for you to file a lawsuit; it just means that it cannot be done under the FTCA, but rather the Military Claims Act. In the event that your claim is denied while under the MCA, then the injured servicemen are prevented by law from pursing legal matters with the federal government.

As an injured military serviceman, it is imperative that you recognize a very crucial statute of limitations in regards to any form of lawsuit. You must file the claim within two years of the injury or else you are no longer eligible to pursue the legal matters and the compensation you desire for your injury. In the event that you have been wrongfully injured or made ill by a medical professional, do not wait another moment before contacting an experienced medical malpractice attorney in your area to help you seek the repayment you deserve. Whether you are a seeking to pursue a military malpractice claim or a general civilian one, contact an attorney as soon as possible!