A patient can file for this type of claim when his treatment resulted with some type of injury or damage and the doctor acted carelessly and irresponsibly. Most common situations regarding military malpractice are those where medical personnel failed to conduct proper search, prescribed the wrong medication, or prevented an infection.
The Federal Tort Claims Act
Hospitals regarding Veteran Admission and other facilities in military are agencies of the federal government. If a person files a claim against those institutions in the same time he will be filing a claim against federal government. The only exception is when an independent facility is providing a medical care. “Sovereign immunity” protects federal government against these claims and potential lawsuits. But when a person uses The Federal Tort Claims Act he will be excluded from sovereign immunity and he will be able to file an individual claim against federal government and their care provider if he thinks that he was a subject of medical malpractice.
The FTCA allows non – active military persons who have got certain medical care in military facilities in United States to file a complaint or lawsuit. But the FTCA has restriction and not any one can sue under this act. While the person is on active duty, he cannot file a lawsuit regarding a medical malpractice. Depending on active duty, family of the person has the right to file lawsuit under this act. For more information about this law click here for info.
This act also prevents military personnel to file a lawsuit while they are on active duty in some foreign country. They won’t be able to file a complaint even if the medical care is received in U.S. military base, outside the borders of United States. The military personnel have the right to file a claim under Military Claim Act, but if the claim is denied, they don’t have the right to file a lawsuit against federal government.