Medical malpractice is one of the leading causes of death all over the world. Medical malpractice involves mistakes or actions taken by medical professionals that adversely affected a patient.
When you suffer as a result of medical malpractice, you reserve the right to file a lawsuit against the parties involved. The same goes for any military personnel who is the victim of medical malpractice.
The criteria for normal medical malpractice lawsuits are largely the same as for military medical malpractice cases. On the other hand, military medical malpractice cases must be brought before the Department of Defense.
Filing for military medical malpractice is possible because of the National Defense Authorization Act. Before, it was impossible for soldiers and other military personnel or their families to receive compensation for medical malpractice.
There are certain tips provided by experts that will help you file a medical malpractice suit if you are a member of the military. These tips include:
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Quick Navigation
Time is Crucial
As with many other things, filing a military medical malpractice suit is subject to a time window. You will need to file your medical malpractice claim with the Department of Defense within two years. The date on which the timeline is based is the date on which the illness or injury became known to you. Many people erroneously think that it is the date from which medical malpractice was discovered.
It is crucial to know this as the two years will be a difficult time and it is easy to miss the window. It is especially important for loved ones who lost their family members as a result of military medical malpractice to note the time period for filing the suit.
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Military Branch Matters
Another mistake that most people make is assuming that you file a claim for military medical malpractice in the same manner for all branches of the military. There is a different process for every different branch of the military.
The four branches of the military are the army, navy, marine corps, and air force. You will have to find out which are the various processes to file claims for every branch.
If you or a loved one was involved in various units of the military, you will file the claim with the branch that was responsible for the medical malpractice. Therefore, ensure that you get the claims from the relevant military branch.
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Consult a Lawyer
There are many legal aspects affecting how you file a claim for military medical malpractice, including the statute of limitations, the statute of repose, and others. The best thing you can do before you file a military medical malpractice suit is to consult a lawyer. They will be a valuable resource in helping you deal with the entire process. As emphasized at www.blg-dc.com/blog/how-to-file-a-military-medical-malpractice-claim/, the lawyer should be well versed in matters of military law and medical malpractice. The more experienced the lawyer the better. If you are a member of the military on active duty or retired, you should get a referral from other military members who have filed a claim for medical malpractice. Find the lawyers whose cases they won.
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Find the Hospital
For a military medical malpractice case to be successful, you need to have experienced the malpractice at a military hospital. According to experts, it is a good idea to find out as much as you can about the hospital.
There is a list of hospitals belonging to the Navy, Airforce, Army, and Marines on all of their sites. Therefore, you can find out information about the hospital for free online.
You will have a better chance of success if you can prove that a hospital has a record tainted with cases of medical malpractice. Finding out information about the hospital will also provide your lawyer with more ammunition to use in your case.
However, if you are unable to gain information about the hospital, a good lawyer should be able to access all of the documentation that is needed to pursue a medical lawsuit.
A great example of this are the solicitors at gadsbywicks.co.uk, who state they are ‘the medical negligence solicitors that are seeking justice on your behalf'.
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Medical Documents
Another reason why you should know the hospital is because you will need your medical records if you are to file a military medical malpractice case. There are also other medical records that will be valuable in helping you prove your case.
An expert tip is to prepare all the necessary medical records before you go and file your military medical malpractice case. The medical records will be indispensable in showing that the hospital and its staff were indeed responsible for the injury, sickness, or death. It will take some doing to obtain all your medical records as they may be distributed across various sources. However, the key is to collect as many as you can in the timeframe stipulated by the statute of limitations. It won't matter how many records you have if you surpass that.
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Expect Resistance
When you file a military medical malpractice claim, you are in effect filing a claim against the government. You will be taking on the most powerful organization in the country.
Therefore, when filing your claim, you should expect resistance from the government. You should always keep in mind that you might lose the case and not receive any compensation.
Having realistic expectations should help you navigate the process of filing military medical malpractice much better. Your attorney will also help you come up with a sound assessment of the case.
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Have a Budget
A military medical malpractice case can stretch for months or even years. It can cost you a significant amount in legal fees.
Therefore, before you file your military medical malpractice claim, you should ensure that you create a budget for the case. You should have a clear idea of how much you are willing to spend on the case.
There will be a plethora of fees and expenses to be paid during the course of the trial. The budget will be determined by how much you expect to gain in the lawsuit.
You should consider that you might not win and hence should not go into debt as a result of the suit. The good news is that there are many ways that you can finance such a case which you should evaluate.
In conclusion, filing a military medical malpractice claim means suing one of the most powerful organizations in the government. You can be assured that it will be a tough journey. However, if you have the full strength of your conviction and follow the tips above, you should be in a great position when you file your claim.