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 medical professionals at Veterans Affairs (VA) hospitals or government clinics may have a case.
Active Military Personnel
Active military personnel are not allowed to file lawsuits 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. This doctrine was recently rejected by a circuit court, however, and the doctrine is now of questionable validity.
To really know if you have a case, talk to an attorney experienced in military-related medical malpractice and personal injury. The lawyers at McKeen & Associates, P.C., offer a free initial consultation and handle military cases in all 50 states. Call 313-524-8570.
Children 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 filing 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 313-524-8570 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.