Jacksonville Navy and Military Malpractice Attorneys
Navy personnel and their families have the right to expect and receive competent medical treatment at any US Naval Hospital or Naval Medical Facility. Like their civilian counterparts, they have the right to receive treatment that conforms to established medical standards of care. All too often this is not the case. Many of our fine servicemen and women have received insufficient or poor treatment at the hands of military medical professionals. Families of those who have had their health debilitated or died while under care at military hospitals often are left without the knowledge or resources of how to file a lawsuit for medical malpractice.
We understand the naval medical system and how to work successfully within the strict guidelines set by the Federal Tort Claims Act and the Military Claims Act, which rule all claims made against the U.S. Government.
Military members and their families have the right to expect and receive competent medical treatment at a military or veterans facility. Like their civilian counterparts, they have the right to receive treatment that conforms to the standards set for medical care . When this right is compromised retired military members and their families are entitled to file a lawsuit for medical malpractice. Active duty personnel may also file claims for injuries/death of their dependents due to medical malpractice.
How the Federal Tort Claims Act and Military Claims Act Applies to Navy Family Members
There is a great deal of confusion on the part of military families in regards to the application of the Federal Tort Claims Act when it comes to medical malpractice. One of the missions of our law firm is to educate military personnel, active and retired, and their families of their rights under law. Many today still do not realize that when basic medical treatment rights are compromised retired military members and their families are entitled to file a lawsuit for medical malpractice. Active duty personnel may also file claims for injuries/death of their dependents due to medical malpractice.
As many are already aware, the United States Government reserves the right to immunity from lawsuit in civil court. However, The Federal Tort Claims Act or (FTCA) and the Military Claims Act (MCT) waive that immunity, thus allowing those who were injured due to government actions to sue for just compensation, as well as, allowing citizens to file suit against the government for those torts that were committed by federal employees or agents and receive compensation for their injuries. That means that the US government can be held liable for those injuries that occur on military bases and campuses.
Naval Hospital Lawsuits Have Been Filed in Jacksonville
Sadly, the majority of these suits filed have been medical malpractice and hospital negligence that have occurred at military and veteran hospitals. Naval hospital malpractice is unfortunately all too common today, and we have been called upon to help our service-members and their families receive proper care and treatment at Navy Hospital Jacksonville and other military medical facilities.
Active military service personnel, dependents and retirees can take, and have taken, the government to court for claims on dependents. In these situations, claims against the U.S. Government are filed first — before an actual lawsuit is filed — under either the Federal Tort Claims Act or the Military Claims Act, which applies to injuries that occur overseas.
When you or someone you love has been injured due to naval hospital malpractice you have every legal and moral right to seek help and support, even financial. Those who enter the military do so out of a sense of loyalty, patriotism, and service, which is oftentimes why they give up their rights to proper care and treatment. As former Navy veterans ourselves we choose to advocate and educate on their behalf, so that these brave families know that they deserve the best care the country can afford.
A two-year statute of limitations applies to claims brought against the U.S. Government.
To clarify, the two years is tolled from the discovery/diagnosis time, not from the initial time that you may have noticed pain from your injuries. In addition, the formula for calculating the time tolled can vary by state. Also, in some cases, the statute of limitations can be extended.
The military medical malpractice attorneys at Cronin & Maxwell have represented service-members, retirees and their families in multiple cases involving medical malpractice in naval hospitals. Including:
- Cerebral Palsy
- Erb’s Palsy
- Shoulder Dystocia
- Abrupted Placenta
- Emergency room errors
- Nursing negligence
- Surgical errors
- MRSA and flesh eating bacteria
- Hospital errors
- Poor hospital hygiene – bed sores, dehydration, malnutrition
- Medication errors
Although a number of our cases involve Naval Hospital Jacksonville we represent military families as far away as Japan. Please contact us if you wish to discuss any impact of medical negligence on your family. Due to our focus on Federal Tort Claims you might have been referred to us by your attorney. We work closely with referring attorneys in our practice.
We understand the naval medical system and how to work successfully within the strict guidelines set by the Federal Tort Claims Act and the Military Claims Act, which rule all claims made against the U.S. Government. See our page on Military Medical Malpractice. Some of the following situations have arisen :
• Where the government has not provided adequate medical care
• Where federal employees, behaving negligently, caused injuries
• Where injuries have occurred because of government activities
• Whether stateside or overseas
• Whether military or VA hospital or clinic or base
We are attorneys who are Navy veterans and understand firsthand the special challenges faced by Navy families. We have lived the unique pressures and uncertainties that deployment represents for Navy families. Our strong experience in representing active duty personnel, dependents, and retired Navy personnel in medical malpractice claims is international in scope.
For more information or to discuss your situation with our attorneys, call 904-388-9555.