Military Medical Malpractice Lawyers
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- Thousands of Lives Changed
Securing a full measure of justice for service members, veterans, and their families has been our passion for over 40 years.
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Find out today if you are eligible for compensation.
What is Military Medical Malpractice?
Military medical malpractice occurs when a healthcare professional entrusted with caring for a patient in a military setting fails to uphold their duties properly, causing injury to the patient. When this happens, victims of medical malpractice may have a reason to file a lawsuit seeking to recover the damages they suffered as a result of the medical professional’s negligence. In many cases, the victim or their family may be able to file a claim for military medical malpractice against the party responsible for the injuries they have suffered, such as the doctor, medical professional, or hospital that is responsible for the negligence.
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What Are Some Examples of Military Medical Malpractice?
There are many negligent actions that can lead to malpractice in a military setting. Some examples are:
- Failure to diagnose or a misdiagnosis
- Misreading or misinterpreting laboratory results
- Disregarding or ignoring patient history
- Failure to order proper diagnostic testing
- Failure to recognize presenting symptoms
- Surgical errors or delays, or wrong-site surgery
- Improper medication or dosage
- Unnecessary surgery, including cesarean sections
- Inadequate follow-up, postoperative, or aftercare
- Premature hospital discharge or failure to admit
- Labor and delivery negligence
Has Your Family Been Victimized by Military Medical Malpractice?
If the injuries suffered are severe, don’t expect the government to voluntarily do the right thing. Expect to battle for the compensation you deserve. Expect a knock-down, drag-out fight in cases involving catastrophic injuries such as brain damage, birth-related cerebral palsy, paralysis, cancer misdiagnosis, amputation, rampant infections, facial disfigurement, and death.
Who Your Family Brings to the Fight Matters
Janet, Janet & Suggs (JJS) has been maximizing compensation for clients in need for more than 40 years in medical malpractice and other serious cases. We’ve won hard-fought battles in virtually every kind of catastrophic medical malpractice injury case you can imagine.
JJS has recovered over $3 billion in compensation for our clients from some of the country’s toughest defendants, including the U.S. Government.
JJS lawyers have authored numerous articles, have been the lead or sole author of multiple books about medical malpractice. Our lawyers are frequently called upon by trial lawyer associations to educate other lawyers about how to most effectively represent patients in medical malpractice cases. Books include Representing Plaintiffs in Medical Malpractice Cases and Navigating a Medical Malpractice Lawsuit, both published by Thomson Reuters, as well as Patient’s Rights and Doctor’s Wrongs: Secrets to a Safer Pregnancy and Childbirth.
Meet the Leaders of JJS’s Military Malpractice Division
Navy Veteran, Ken Suggs, has long been considered one the nation’s premier plaintiff’s attorneys, and served as President of the Association of Trial Lawyers of America (now known as American Association for Justice), the leading plaintiff’s bar association.
Dr. Giles Manley, a board-certified physician, practiced medicine for 20 years before becoming a medical malpractice attorney.
Andrew Janet is a former Executive Editor of the NYU Law Review. He recently called upon his understanding of the intricacies of FTCA law to help defeat the government’s attempt to use a legal technicality to avoid liability in a tragic birth injury case.
Gerald Jowers has produced extraordinary results for service members, veterans, and their families in military medical malpractice cases, both at the settlement table and in the courtroom.
Featured Verdicts and Settlements
The following represent just a few of the victories we’ve achieved for our military medical malpractice clients.
Military Medical Malpractice
- $15.1 Million – Mismanaged Delivery A trial award by a Federal Judge in a Tennessee case against an Army Community Hospital whose improper fetal monitoring during delivery and failure to properly inform the mother of specific risks led to her child suffering a hypoxic-ischemic brain injury, resulting in cerebral palsy and lifelong neurological deficits.
- $13 Million – Poor Post-Operative Care A settlement received in a case against a U.S. government-employed healthcare provider in Hawaii whose poor post-operative care resulted in brain damage and cerebral palsy.
- $11.5 Million – Delayed Resuscitation Settlement obtained on behalf of a family whose child suffered acute hypoxic ischemic brain injury as a result of delayed resuscitation at a U.S. Naval Hospital in Guam.
- $6.5 Million – Mismanaged Delivery A settlement obtained in a case in Texas against an Army Medical Center whose misuse of Pitocin, mismanagement of fetal heart rate patterns, and delay in cesarean delivery contributed to a child developing cerebral palsy.
- $4 Million – Delayed Delivery Settlement received on behalf of a child who suffered oxygen deprivation following a mismanaged cesarean section that resulted in a 12 minute delay in delivery at an Army Medical Center in Texas.
What Must be Proven in a Malpractice Claim?
Generally, to prevail in a medical malpractice claim, you need to prove that a patient relationship existed with the medical professional you are suing. You must also prove that the doctor or other professional was negligent—that they failed to adhere to the professional standard of care that a reasonable medical professional would have used under the circumstances. You will need to prove that the harm you suffered was a direct result of negligence. And, in addition to liability, you must prove damages: the actual harm you’ve suffered.
The Right to Recover Substantial Damages
Millions of dollars are often recoverable in military medical malpractice cases. In some cases, compensation reaches into the tens of millions. In the case of a birth-injured child who develops cerebral palsy, lost earning capacity alone often runs into the millions of dollars, and future medical care can easily amount to tens of millions of dollars.
Compensation for patients may be available for:
- Personal injuries
- The effect such injuries have on overall physical health and well-being
- Physical pain and mental anguish
- Loss of enjoyment of life
- Disfigurement and associated humiliation or embarrassment
- Medical and other expenses
- Loss of earnings and earning capacity
- The deceased’s conscious pain, suffering, and lost earnings
- For certain survivors, mental anguish and loss of love, companionship, and financial support
Veterans, active-duty members, and families from all branches of military service are eligible to seek justice and compensation for the harms they have suffered. JJS is prepared to represent victims of:
- Army medical malpractice
- Navy medical malpractice
- Air Force medical malpractice
- Marine Corp medical malpractice
- Coast Guard medical malpractice
- National Guard medical malpractice
- Veterans medical malpractice
- VA Community Care Provider medical malpractice
Call 1-877-692-3862 or complete a Free Case Evaluation form.
What Does It Take to Win a Military Malpractice Case?
For success in your military malpractice case, you need experienced, persuasive, aggressive, trial lawyers who:
- Use the latest technology to help present the most persuasive case
- Work with top medical experts
- Deeply care about the families they represent
- Use the latest technology to help present the most persuasive case
- Work with top medical experts
- Deeply care about the families they represent
JJS checks all these boxes and more. Our history of record-breaking verdicts and settlements is only one sign of our continued successes in getting clients justice. We have also been recognized by a variety of leading organizations including Best Lawyers®, Best Lawyers: Ones to Watch in America, AV Preeminent ratings by Martindale-Hubbell, and as one of U.S. News & World Report’s Best Law Firms. Many of our attorneys are also listed as Super Lawyers®. These recognitions from leading organizations reflect our continued commitment to working toward securing our clients’ futures when they have been harmed by military medical malpractice.
Five Facts You Need to Know about the Federal Tort Claims Act
Military medical malpractice cases on behalf of veterans and military families are brought under the Federal Tort Claims Act (FTCA). Here are five important facts to know about the FTCA:
- While active service members can now file claims with the Department of Defense, they are still barred from filing in federal court. However, military families and veterans may file a claim in court under the FTCA. A claimant must provide written notice to the government about his or her claim before filing a lawsuit. This is an administrative claim, which the government has six months to answer.
- Notice must be presented to the appropriate federal agency, such as the Department of the Navy, Army, Marines or Air Force, or the Veterans Administration.
- If the agency denies the claim, the claimant can file suit in federal court within six months of the denial. If no decision is made by the agency after six months, a claimant can file suit thereafter.
- A fixed deadline of two years from the date of the injury applies to filing the administrative notice, and if that deadline has not been met, the claim will be barred.
- A separate fixed deadline applies to the filing of a lawsuit, and if that deadline has not been met, the claim may be barred.
If you suspect you have a viable military medical malpractice claim, it is absolutely essential that you consult an experienced military malpractice lawyer about these deadlines and the information that must be provided to the government in your notice of claim.
Negligent VA Care from a Private Healthcare Provider
In 2019, the Department of Veterans Affairs expanded veterans’ access to private healthcare facilities through the VA Mission Act, claiming that this would increase the number of veterans eligible to receive such access from 8% to 40%. Veterans who received substandard care at one of these non-VA facilities—known as community care providers—may still be eligible to file a lawsuit to recover damages.
Can Active Duty Military Sue for Medical Malpractice?
Under the Feres Doctrine, active service members have long been unable to bring medical malpractice claims against the government. Now, as a result of the SFC Richard Stayskal Military Medical Accountability Act, active duty military personnel can be compensated for injuries suffered as a result of medical malpractice at military facilities.
This law allows active duty military members to bring administrative claims for compensation for their injuries caused by medical malpractice. While active duty military members are still unable to sue the government in court, this administrative claims process provides a means for compensation that has been unavailable for the last 70 years. We look forward to helping active service members receive the compensation they deserve.
How Can Janet, Janet & Suggs Help with Your Military Medical Malpractice Case?
Our military medical malpractice attorneys have the knowledge and resources needed to investigate and litigate your case, helping you get the answers and compensation you deserve.
We do not charge any upfront costs. You do not pay us anything until you obtain compensation via a settlement or favorable jury verdict. We work to get our clients the answers and fair compensation they will need to have the best quality of life possible after being seriously harmed by their military medical providers. Contact us today for a free, no-obligation consultation to learn more about your rights and legal options.
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