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Suing A Military Hospital For Medical Malpractice

Updated: May 8

When the medical negligence of a hospital causes an injury, the victim or their family can usually sue in court to recover compensation. When medical malpractice occurs in a military hospital, the process can be a bit different. First, you must qualify under the rules of the Federal Torts Claim Act (FTCA). Under this act, active military members are generally barred from FTCA claims while their dependent family members and veterans are not. If you meet all of the strict requirements of the FTCA, you may begin the process of filing your claim for compensation for healthcare injuries.


Standard Form 95 begins the claim

Standard Form 95, or SF-95, is a claim form used to recover compensation for damage, injury, or death caused by federally-employed doctors and military hospitals. SF-95 must be filled out properly or it can bar a medical negligence recovery, including information such as:

  • Nature and extent of the injury or death

  • “Sum certain” or specific amount of money damages

  • Helpful supporting documentation


The form must be submitted to the correct Federal Agency overseeing the negligent military or VA hospital within the specified time limit. For example, a claim for a botched surgery at the VA hospital should be submitted to the correct Veterans Affairs office. A knowledgeable military medical malpractice lawyer can assist in accurately completing and submitting this form.


Administrative process

Correctly filing Standard Form 95 begins the administrative process for recovering compensation for a medical injury. You cannot sue a negligent military medical facility or VA facility for injuries until the process is completed. If the agency approves your claim, the case is over. However, you may sue after the process is complete in certain circumstances, such as:

  • The administrative claim is denied

  • Less than full recovery is awarded

  • The agency does not respond within six months

Military medical malpractice lawsuits are filed against the United States rather than the negligent hospital itself.


Statute of limitations for FTCA claims

Healthcare patients, including military family members and veterans, who are injured in a military facility or VA hospital only have a limited time to recover financial compensation for their harm. The correctly completed SF-95 form must be submitted to the right agency within two years of the day the injury occurred or was reasonably discovered. Failure to do so may bar your claim.


Act quickly to protect your right to medical injury compensation

When you trust a military or VA hospital to provide competent medical care for you and your family, you do not deserve to end up with an injury or loss. The Bertling Law Group has the experience and drive to help you and your family obtain compensation for military medical malpractice in California and Nationwide. Contact us online or by calling 844-295-7558 today for a free, no obligation consultation.

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