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Military Birth Injury Attorney: Representing Medical Malpractice Victims

Military members have access to thousands of military hospitals and medical facilities across the world, similar to how civilians have access to local hospitals. When a military member becomes pregnant, the same procedure is followed to ensure that she receives the best possible care both during and after her pregnancy. Unfortunately, not all women receive adequate treatment, which leads to labor and delivery birth injuries in military hospitals.

Because the military provides healthcare to millions of military members, when medical negligence happens, particularly when it results in a birth injury, the hospital, doctor, or healthcare professional involved should be held accountable. For legal assistance regarding your possible case, contact our experienced team of military birth injury lawyers today.

Military birth injury lawyers can help you seek the compensation you deserve after such a traumatic experience. - Laurence Banville

Military Medical Malpractice: What Makes It Different? 

Medical malpractice occurs when a medical professional or other healthcare practitioner is "negligent" or provides care that falls underneath the "standard of care." In a given scenario, the "standard of care" refers to the amount of treatment that similar medical professionals agree is appropriate. The following are some examples of medical malpractice claims:

  • A breach of the medical professional's duty of care to the patient resulted in avoidable harm.
  • The patient was subjected to the healthcare provider's negligence and/or carelessness.
  • The patient endured physical pain, emotional anguish, medical expenses, severe disability, mental impairment, physical deformity, and/or lost future earning potential as a result of the accident.

Military hospitals, clinics, and other healthcare facilities, such as an MTF or a Veterans Administration (VA) facility, frequently provide medical services to service members and their families. Active duty military troops and government employees make up the vast bulk of healthcare workers at such facilities. Medical malpractice claims involving active-duty healthcare practitioners or those employed by the United States government in a military institution are governed by the Federal Tort Claims Act.

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Federal Tort Claims Act (FTCA)

Military medical malpractice claims are brought under the Federal Tort Claims Act, and anybody who has been injured by medical malpractice at military medical facilities may be entitled for compensation (FTCA). The Federally Supported Health Centers Assistance Act of 1992 and 1995 grants medical malpractice liability protection to HRSA-supported health centers under the Federal Tort Claims Act (FTCA). Under the Act, health centers are classed as Federal employees who are shielded from lawsuits and whose main insurance is provided by the federal government.

To submit a medical malpractice claim and be eligible for FTCA, you must complete the following steps:

  • Medical malpractice lawsuits made by military personnel must be submitted within two years after the occurrence.
  • The Attorney General of the United States or an equivalent official must be notified of the filing of a claim and the amount of compensation desired.
  • Following the submission of the administrative claim, the government has six months to investigate the claims; if they do not do so within that period, the injured active duty members may file an FTCA claim.

Can I Sue A Military Hospital For A Birth Injury?

Service members, military families, and their dependents have two alternatives for initiating a case against the federal government following a birth injury with assistance from our law firm, depending on where the accident happened.

  1. If the injuries happen in the United States, they can file a military medical malpractice claim under the Federal Tort Claims Act against the medical practitioner, institution, or even the federal employee who caused the birth injury.
  2. If the injury occurred outside of the United States, the Military Claims Act (MCA) allows victims to file a medical malpractice claim against the government.

Even with understanding these two options you have available to you, we still suggest speaking with a licensed and experienced military birth injury lawyer. Schedule your free consultation today with our law firm to learn more about your legal rights following a birth injury in a military medical hospital. 

Do Active Members Of The Military Have Different Legal Rights As Military Veterans?

Active members of the military did not have the same legal rights as veterans did in the mid-1950s in the United States. When medical malpractice caused an injury to a military member, they were unable to file a claim against the responsible party due to the Feres Doctrine which prevented injured members from suing the US federal government. 

In 2019, a new amendment was enacted, the 2019 National Defense Authorization Act. This amendment changed the current rules and regulations and now allowed active-military members to file a claim against the liable party if they suffered injuries caused by carelessness or negligence from the medical team or organization. All through the next decade, Congress has saved $400 million to address military medical negligence claims. There is currently no restriction on how much compensation an injured victim can receive after an injury.

Birth Injury During Labor And Delivery

Sometimes it can be hard to determine if there was a lack of carelessness or negligence on behalf of the military doctor of medical professionals during the delivery of a newborn. Without showing proof of negligence, it can be difficult to file a claim against the facility or person who caused the birth injuries that could have been completely avoidable. 

Items To Prove Following A Birth Injury: Birth Injury Law Firm

  • Evidence of the birth injury
  • There had been a previous doctor-patient interaction, meaning that the military doctor or military hospitals had a responsibility of care to you and your baby.
  • Proof showing the medical standard of care was below average and that the medical doctors and healthcare providers who were accountable for your and your child's health and safety failed to treat you and your baby.
  • Information demonstrating that your infant's injuries were caused by medical negligence and/or carelessness during labor and delivery.

Military Medical Centers: Common Birth Injuries

Whether you were receiving medical care in a naval medical center, an air force medical center, an army medical center, or another military-run hospital, the list of birth injuries is regrettably rather similar. The following are only a few of the forms of injuries encountered in birth injury cases:

Brain Damage: Brain trauma may have a profound impact on a child's development, with consequences that can last a lifetime and result in severe fetal distress. Brain damage is caused by a lack of oxygen to the brain and physical trauma, such as inappropriate use of birthing equipment.

Broken Bones: Because newborns are so fragile, it's vital that they're treated with care during labor and delivery. Improper use of devices like forceps, or simply being rough with a newborn, can result in significant fractures that can cause long-term health problems.

Erb’s Palsy: Erb's palsy is most usually caused by being too harsh with a baby during birth, as well as surgical mistakes caused by inappropriate use of devices like forceps.

Cerebral Palsy: A shortage of oxygen during pregnancy or delivery causes cerebral palsy, a movement and development issue. Muscle weakness, lack of coordination, and other irregularities are all symptoms of this condition.

Brachial Plexus Palsy: The brachial plexus is a network of nerves that runs around your shoulder from your spinal cord to your arms and hands. If a baby's arm is hurt at birth, it can have a substantial impact on their capacity to use it, resulting in excruciating physical discomfort or the need for spinal surgery.

Learn More About Your Legal Rights If You Are A Victim Of Medical Malpractice That Caused A Birth Injury

Depending on what state you’re located in, we can get you in touch with a law firm that is prepared to defend military families whose children have suffered birth injuries as a result of the negligence of military medical personnel. We work with dedicated law firms that maintain a solid attorney-client connection so that they can clearly explain how the legal services might help military families who are thinking of filing a medical malpractice claim.

Interested In A Free Consultation?

If you or a family member has been injured as a result of medical malpractice, contact a personal injury lawyer for a free consultation now. An experienced legal team can help military families receive compensation for medical bills, lost wages, and physical and emotional stress suffered by you and your baby.

About the Author
About Paul
Editor: Paul is a staff editor who focuses on bringing you the most important legal news regarding cases of sexual assault, drunk driving, and preventable violence. Contact Paul: This article was fact checked prior to publishing by this author to ensure compliance with our rigorous editorial standards. We will only use authoritative sources. Our values compel us to provide only trustworthy information. If you find an error, please contact us.
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