San Diego Military Medical Malpractice Lawyers
If you or someone you know have experienced medical malpractice while receiving treatment at a military hospital, you may be able to bring a claim for damages.
Negligent medical care in military hospitals can lead to serious personal injury, failure to diagnose, misdiagnosis, and even wrongful death. In cases where medical malpractice occurs, bringing a claim for damages can help you recover the funds that you need to pay your medical bills and heal in peace.
If you are an active-duty service member who was injured while receiving care in a military hospital or medical facility, you may also bring a claim for damages. However, it is important to be aware of the legal differences in filing a military medical malpractice lawsuit. Such differences include the timing and manner of filing your lawsuit as well as the amount of damages that are potentially available.
Our team understands these differences and their importance when situations arise where the doctor-patient trust is broken. Contact the San Diego-based team at Thorsnes Bartolotta McGuire online or by calling our offices at (619)-236-9363. Our extensive knowledge and resources have earned our military medical malpractice lawyers a distinguished reputation and an impressive track record.
What Kind of Damages Are Available in a Military Medical Malpractice Claim?
Active-duty Military medical malpractice cases are different than typical civilian medical malpractice cases. The 2020 National Defense Authorization Act (NDAA) allows active-duty service members to file claims against military doctors, hospitals, nurses, and other medical personnel for malpractice. Consulting with an experienced attorney experienced in handling NDAA claims is crucial to determining the appropriate damages and navigating the legal process effectively.
The legal process, time frames, and requirements can be different from civilian medical malpractice cases, and a knowledgeable attorney can help guide you through the process, help you accurately calculate damages, and assess the viability of your claim.
Damages available to compensate the victim for the harm caused by the malpractice may include:
- Medical Expenses: Medical expenses can include the cost of past, current, and future medical treatment related to the malpractice, including surgeries, hospital stays, medication, therapy, and other necessary healthcare services.
- Pain and Suffering: These damages aim to compensate the victim for the emotional pain and suffering caused by the medical malpractice. It can be challenging to quantify these damages, and they often vary based on the severity of the injuries and the impact on the victim's life.
- Lost Wages: If you were unable to work or experienced a loss of income due to the malpractice, you may be entitled to compensation for lost wages, including past and future earnings.
The NDAA allows individuals to bring claims against military healthcare providers for certain types of negligence, including medical malpractice. An attorney who is experienced in handling these types of matters can ensure that you receive the maximum amount of damages you are entitled to under the law.
Military medical malpractice cases are complicated. Contact the personal injury team at Thorsnes Bartolotta McGuire online or by calling (619)-236-9363. Our helpful associates are standing by to help you begin the legal process.
Can You Sue the Military for Medical Malpractice?
The recently passed NDAA has made it possible for service members to seek compensation for medical malpractice. Now active-duty military members can seek financial compensation for injuries that occur as a result of medical malpractice in military hospitals.
San Diego Military Medical Malpractice Claims
If you or a family member believe you have experienced military medical malpractice in San Diego, you may consider consulting with a military medical malpractice attorney. Military medical malpractice claims differ from civilian medical malpractice claims. A personal injury attorney who is well-practiced in handling military medical malpractice matters will be able to help you by:
- Evaluating your Case: A medical malpractice attorney will assess the details of your case, including your medical records, test results, and the circumstances surrounding the malpractice. They will determine if you have a valid claim for medical malpractice.
- Gathering Evidence: Attorneys will help you collect evidence to support your case, including medical records, witness statements, and expert opinions. This may involve obtaining your complete medical history and any additional tests or evaluations to confirm the misdiagnosis.
- Notifying the Appropriate Agency: Under the NDAA, you must file a formal administrative claim with the appropriate federal agency responsible for the alleged malpractice. In San Diego, this may involve contacting the military healthcare facility where the malpractice occurred, such as a military hospital or clinic.
- Filing the Administrative Claim: The administrative claim must be submitted within a specified time frame (usually within two years of the alleged malpractice). The claim should detail the circumstances of the malpractice, the injuries sustained, and the damages suffered.
- Representation in Court: The legal process for military medical malpractice claims can be complex and may involve legal arguments, expert testimony, and other litigation-related activities. Your attorney will argue your case and present evidence to prove the military healthcare provider's negligence.
Military Bases and Medical Facilities in the San Diego Area
San Diego is home to many military bases, installations, and military medical facilities. It is considered a “military town” and serves as an important training, stationing, and transferring hub for California and the entire country.
In particular, Naval Medical Center San Diego is the largest military medical facility in the entire world, providing services for active duty, retirees, and various dependents.
The following is a list of major military bases and facilities in San Diego and the surrounding areas:
Military medical malpractice claims must have occurred in a covered medical treatment facility, such as a Department of Defense medical center, inpatient hospital, or ambulatory care center.
If you believe that you or a loved one were harmed in any way due to military medical malpractice, reach out to one of our attorneys right away so we can review your legal rights and options.
Contact a San Diego Military Medical Malpractice Lawyer
Hiring a lawyer to handle your military medical malpractice matter is the most important step you can take when initiating a claim. Any medical malpractice lawsuit can be emotional and complicated. It is important to trust your case to a team with a proven track record of success.
Why Hire Thorsnes Bartolotta McGuire
The personal injury attorneys at Thorsnes Bartolotta McGuire have many years of experience and are responsible for substantial victories for their clients. Our successes include multiple victories in the field of medical malpractice.
If you or a loved one were injured while receiving care at a military hospital or medical facility, you may be able to bring a lawsuit for damages. Claims against government medical facilities are complicated, and the help of an experienced attorney is the best way to ensure that you claim the maximum amount of damages you are entitled to by law.