New York Military Medical Malpractice Attorneys
Zealous Representation for Active Duty Service Malpractice
Under the relatively recent National Defense Authorization Act (NDAA), active duty military members and/or certain family members of active duty military personnel are allowed to file personal injury and wrongful death claims resulting from medical malpractice by military medical care providers. Prior to the NDAA, military personnel were generally unable to file personal injury claims against the federal government for injuries they sustained while on active duty. But the new legislation allows those harmed by military medical malpractice to seek reparation and compensation for their damages.
The law is complex; it’s important that you have an experienced New York military medical malpractice lawyer on your side who can help you navigate the process and better your chance of securing a favorable outcome. With decades of experience and a proven record of success in 98% of the cases we have handled, Simonson Goodman Platzer PC is ready to fight for you and the justice you deserve.
Filing an Active Duty Medical Malpractice Claim: What You Need to Know
Although the NDAA, which was signed into law in December of 2019, allows military service members who suffered personal injuries to file medical malpractice claims for damages, the act includes numerous stipulations for claimants.
If you were harmed while on active duty as a result of receiving substandard medical care, here are some things you should know:
- U.S. military service members are not permitted to file medical malpractice claims for injuries sustained due to medical negligence/malpractice in combat zones
- Claims filed under the National Defense Authorization Act must be adjudicated administratively, meaning plaintiffs may not sue for damages in federal court
- Claims valued at less than $100,000 will be paid out by the Department of Defense directly to the plaintiff (injured party or family member in the event of wrongful death)
- Claims valued at over $100,000 will be reviewed by the Treasury Department and, if sustained, payed out by the Treasury Department to the plaintiff(s)
You Only Have Two Years to File Your Claim
The NDAA also stipulates that victims of military medical malpractice, as well as the surviving next of kin of those wrongfully killed due to medical malpractice while on active military duty, only have two years from the date of the injury/death to file a claim. There are few exceptions to this, and exceptions are exceedingly rare. However, as the act is fairly new, victims of military medical malpractice may file claims for injuries/deaths that occurred in 2017 as of the current time (2020).
We encourage you to reach out to a New York military medical malpractice attorney at our firm as soon as possible if you believe you or your loved one was the victim of substandard medical care while on active military duty. The sooner you get in contact with our team, the sooner we can begin reviewing your claim and building your case.
Request a No-Cost Consultation Today
At Simonson Goodman Platzer PC, we believe that no one should have to suffer life-altering injuries at the hands of a trusted medical provider. This is especially true of active duty military members who have already placed so much on the line to serve their country. Our attorneys stand ready to help you seek justice and hold the at-fault parties accountable.
As an active duty service member, you know that you have served our country with honor, and that you are deserving of the highest quality medical care while you serve. Unfortunately, too often this has not been the case. But, for the first time, thanks to a new law, active duty service members, and not just their dependents, can receive monetary compensation if they have been misdiagnosed or late diagnosed, or received inadequate treatment and have been injured due to their military healthcare providers’ errors or negligence.
Our medical malpractice lawyers, including Paul Simonson, a Vietnam-era vet, are passionate about fighting under this new claim system for justice for active duty members. Claims will essentially be processed by the Department of Defense, and not by the Department of Justice in the Federal Court system. If you have been injured by malpractice while on active duty, we want to help you, but you must act now as there are strict time limits on bringing a claim. Generally, a claim must be brought within two years of the malpractice, but If you bring a claim in 2020, there is a look-back provision to malpractice that occurred in 2017.
If we investigate your claim and find that it has merit, we will proudly and forcefully represent you and your family in your military medical malpractice claim. We will guide you through the claim process and work tirelessly to see that the Department of Defense recognizes that you deserve fair and just compensation. We want to help you every step of the way to get the monetary compensation that you deserve. Let us fight for you.