Medical malpractice is a significant issue in the United States, and it’s even more severe for members of the military. Medical malpractice claims costs in the US have increased by 50 percent since 2009.
If you are a part of the military, you may be wondering what military medical malpractice is. This guide will explain it in detail and how a lawyer can help you suing a military doctor.
What Is Military Medical Malpractice?
Military malpractice is negligence on the part of a military healthcare provider that results in injury or death to a patient. If a loved one has been injured or killed due to military medical malpractice, you may be entitled to compensation.
There are different cases of medical malpractices. Some of them are explained in detail below:
One of the most common types of medical malpractice is surgical errors. These can include performing the wrong procedure, operating on the wrong body part, or leaving foreign objects inside the patient.
If a military personnel is put under anesthesia and something goes wrong, it can be classified as medical malpractice. If a doctor operates on the wrong part or damages surrounding tissue due to carelessness, it would be malpractice.
C) Misdiagnosis Or Delayed Diagnosis
Misdiagnosing a patient’s medical condition is a common form of medical malpractice. It can fail to treat the patient promptly or provide the wrong treatment. In either situation, the results can be catastrophic for the patient.
For example, a delay in cancer diagnosis can allow the disease to progress to a more advanced stage, making it much more complicated – and sometimes impossible – to treat. Misdiagnosis can also cause patients to undergo unnecessary and invasive tests and procedures, resulting in severe injury or death.
D)Wrong Medication Or Dosage
One of the standard medical malpractice cases is when a patient is given the wrong medication or dosage. It can happen due to innumerable factors, such as miscommunication between doctors and nurses or simply because the doctor prescribed the wrong medication.
Suppose you went to the doctor for a cold. The doctor prescribed you a medication that you are allergic to. You take the medication and have a severe reaction. In this case, you may be able to sue the doctor for prescribing the wrong medication.
How Can A Lawyer Help You?
The primary reason to seek out a military medical malpractice lawyer is their expertise. Medical malpractice law is already a highly specialized field. When you factor in the unique challenges of the military healthcare system, you need an attorney who understands both.
Your average civilian medical malpractice attorney might have experience with cases involving the VA or other government-run health facilities. But they will not have the in-depth knowledge of the military healthcare system that you need to give your case the best chance of success.
A military medical malpractice lawyer will know how to navigate the system’s complexities. They will be able to identify and investigate any potential negligence of military healthcare providers and help in suing a military doctor.
2. Understanding Of Military Culture
It is vital to understand military culture when pursuing a medical malpractice case against the government. The way the military is structured can be confusing to civilians, and lawyers who don’t have experience with military cases may not understand how to navigate the bureaucracy.
For example, when you file a complaint against a military doctor, you file it with the Department of Defense Inspector General, not the civilian court system.
Your lawyer should also be familiar with the unique rules for military medical malpractice cases. For example, the Federal Tort Claims Act (FTCA) provides protections for military doctors that don’t apply to civilian doctors.
Some of the essential resources that you’ll need to file a claim are:
-Your military medical records
-Any civilian medical records related to the negligent care
-Documentation of your injuries
-Proof of your financial losses
An experienced military medical malpractice lawyer will know how to obtain these essential resources and build a strong case on your behalf.
4. Negotiation Skills
Finally, your lawyer will also be a great negotiator. It is essential because most medical malpractice cases are settled out of court. It means that your lawyer will need to be able to negotiate with the other party’s insurance company to get you the best possible settlement. If you have a good lawyer, this shouldn’t be a problem.
When you are a victim of military medical malpractice, you need an experienced lawyer who understands the unique challenges of these cases. The lawyer can help you navigate the process and get the compensation