When Does the Federal Tort Claims Act Apply?
Veterans and Family of Veterans
Veterans and the families of veterans who have suffered because of the negligence or inaction of a medical professional at a VA Hospital or government clinic may have a case. Call 866-585-1076 or contact us online to discuss your situation.
Active Military Personnel
Active military personnel are not allowed to file a lawsuit against the United States government under the Federal Tort Claims Act (FTCA) due to the Feres doctrine, which generally bars service members from bringing lawsuits for injuries suffered in the course of, or arising out of, military service. However, this doctrine was recently rejected by a circuit court, and the doctrine is now of questionable validity.
To really know if you have a case or not, talk to an attorney experienced in military-related medical malpractice and personal injury. The lawyers at McKeen & Associates offer a free initial consultation and handle military cases in all 50 states. Call 866-585-1076 or contact us online.
Child Born to Active Military Personnel
A child born to a mother on active duty who suffers a birth-related injury due to the negligence of the hospital's doctors or nurses may have a case. In this situation, the baby may make the claim, and the mother acts on the baby's behalf. In this case, the Feres doctrine would not apply because, although the mother is on active duty, the child is considered a civilian.
Filing a Claim
While most civil suits start with filing a lawsuit, military suits do not: they start with a filing of a claim under the FTCA. The process of filing these claims correctly is complex. Contact us if you are a veteran and believe you may have been subjected to medical malpractice at a military or VA hospital anywhere in the world.
At McKeen & Associates, we have handled thousands of medical malpractice cases. In fact, we have a strong track record that includes several multimillion-dollar verdicts. We believe in what we do. We can help you deal with the negligence, injury or tragedy you're facing and will fight to get you fair compensation.
Call us at 866-585-1076 or contact us online to discuss your case and beginning planning ways to resolve it. Your first consultation is free. Located in Detroit, Michigan, we handle cases in all 50 states.