Medical Malpractice In The Military And How A Skilled Los Angeles Wrongful Death Lawyer Can Help

A Los Angeles wrongful death lawyer explains that anybody who joins the military understands the expectations of that job role and the family of a serving member should also be under no illusion that being killed in the line of duty is a very real option. Having said that, being fatally wounded fighting for your country is one thing, but suffering a wrongful death at the hands of a military medical procedure that is supposed to save life is another. With this in mind it begs the question... is there any form of recourse for a loved one who has suffered the loss of a close family member through military medical malpractice?

In essence the answer is yes! There are certainly grounds for a wrongful death lawsuit in the case of a wrongful death should a victim have died at the hands of a medical malpractice. So with this in mind, who exactly is entitled to sue? A wrongful death attorney explains...

Military dependants

Anybody who is classed as a military dependant can sue on the behalf of the deceased who was a serving member. By the term 'military dependant' it can encompass anyone who was supported financially by the victim such as immediate spouse, surviving children and in some cases stepchildren.

Active duty soldiers

Under the Feres Doctrine law, it controversially does not allow serving members of the armed forces to make a claim for any medical malpractice wrongdoings should they themselves have been injured. However if they have a military dependent who has been injured or died because of medical malpractice, then active duty personnel can file a claim.

Spouses of children of veterans

Any direct spouses or children of veterans are entitled to file a wrongful death claim for medical malpractice so long as the veteran in question had been treated at a veterans association hospital.

Statutes of limitations

Like most laws, and this is no exception, a skilled team of LA wrongful death attorneys have statutes of limitations to adhere to so time is of the essence. In this case, the limitations are two years from the time that you believed that the malpractice took place to the time of the death. This means that any Los Angeles wrongful death lawyer who is working on the case will have to work with speed and efficiency in order to gather all the evidence necessary to file such a claim.

What can a surviving family member claim for?

In terms of compensation, on the grounds of a normal personal injury lawsuit a victim would claim for things such as medical expenses, ongoing rehabilitation, loss of wages whilst in recovery etc. However clearly when it comes to a wrongful death the victim themselves are no longer with us. Therefore the compensation is geared up to the physical, emotional and financial support of the family of the deceased. This means financial damages can cover funeral and burial expenses, loss of companionship, emotional trauma suffered by the family for the loss of their loved one. On top of this, punitive damages may be filed against the military doctor who performed the fatal surgery.

How to file a claim

The right team of Los Angeles wrongful death lawyers will know the complexities of filing a claim against the military and in essence there are two separate laws and these are the Federal Tort Claims Act (FTCA), which applies to injuries or fatalities that occur on United States Soil and then there is the Military Claims Act (MCA), which applies to any person who has died or suffered injury in a military establishment overseas.

The FTCA is an administrative claim and as a result must be filed before any lawsuit. The government then has six months to respond. They can either investigate the claim and reach an out of court settlement, or alternatively they can deny the claim. If after six months the government hasn't reached a decision regarding compensation, or if you do not agree with their decision, then a lawsuit can be filed to be heard in a federal district court. Under the MCA, it is again an administrative claim in which the government has six months to respond. However the difference here is that if the government do not respond, or the claim is denied, then there is a very limited procedure for recourse.

As you can see, filing a medical malpractice lawsuit for a wrongful death can be extremely complex, however with the right wrongful death attorneys Los Angeles to represent you, it is possible to deliver a result. It is fair to say that receiving any compensation for the death of a loved one isn't going to bring them back. However, what it will do is to take the financial burden off the family so that they can slowly start to rebuild their shattered lives.