Skip to content

How to Help Victims of Military Medical Malpractice

Flag with stethoscope and gavel representing Military Medical Malpractice

Like all medical treatment providers, military providers make mistakes (AKA Military Medical Malpractice). Whether through lack of training, competence, or judgment, errors are made and often result in significant harm to the patient. Where their civilian counterparts can bring lawsuits for compensation to cover the costs of those mistakes or even to just hold the negligent provider accountable, military servicemembers may not. 

Due to what many consider an archaic legal ruling, known as the Feres Doctrine, active duty military members are prohibited from suing their negligent medical treatment providers, even when that provider’s negligence unmistakably resulted in extreme harm or even death. Frustrated by stories of these occasions, Congress recently passed a law permitting active duty members to file a claim for this negligence. The member doesn’t “sue” the military medical provider, they file a claim. The claim process is nonadversarial, which means there are no court hearings, no depositions, and no cross examinations. While the subject matter is much more serious, the process is akin to filing a claim for damage to your household goods.

Active duty members who feel they have been the victim of medical malpractice file a claim on SF-95 in which they provide the facts and discuss why they feel the military medical provider was negligent and what harm that negligence caused the servicemember. The DoD then sends the claim to non-DoD medical professionals who evaluate the claim and determine if the military medical practitioner was negligent. If these professionals agree that negligence caused harm, the claim is then evaluated for damages. If the claim is denied, the claimant can appeal. If it is granted, the DoD can pay a monetary claim for damages.

There are deficiencies in this process, to be sure, the biggest being that non-economic damages are capped at $600,000 and punitive damages (intended to “punish” the negligent provider or system that allowed him or her to practice negligently) are not available. Recent reports also indicate that they system is slow to decide claims, some cases lingering even after a year or more. Unfortunately, for victims of medical malpractice, time is critical.  

But it’s a start. At King Military Law, we share the frustration over limiting the rights of those who serve and join the chorus of calls that the Feres Doctrine be modified to at least exclude medical malpractice from its prohibitions.

Until that day, if you or a loved one are impacted by military medical malpractice, please reach out to an experienced military attorney to help you seek the voice—and remedy—you deserve.

King Military Law

~~Where Experience Matters Most~~

COMMENTS

No comment yet, add your voice below!


Add a Comment

Your email address will not be published. Required fields are marked *

Google Reviews

King Military Law
5.0
Based on 26 reviews
powered by Google
Leslie PuikLeslie Puik
01:03 07 May 23
There aren't enough words of high praise to express our appreciation for Don King of King Military Law. He and his very qualified staff Kasheta and Angela took care of our needs like we were their only clients. They are all highly professional, superb communicators, responsive, and thorough. They are caring, compassionate and patiently listen to and address every concern as though they were helping one of their family members. Don excels at helping others understand the processes of the law. He educates his clients so that they can navigate toward the best possible solution and outcome. We will be forever grateful for the entire team's effort to help our family through the most challenging time of our lives.I highly recommend King Military Law.
john puikjohn puik
11:57 05 May 23
Don fought hard for our son with passion and experience.My wife and I can't say enough good things about our experience with King Military Law. Don is an excellent communicator, patiently explaining every aspect of the case, keeping us informed throughout the process. It was obvious to us that his experience in the military law system was the most important benefit of our decision to hire him. The staff, Kasheta and Angela were incredible. Emails were returned promptly. All questions were answered without delay. I always felt like we were their only client. We were truly blessed to have found Don and his staff to help us with this matter.
Dakota GrammerDakota Grammer
21:49 09 Mar 23
Let me begin by saying Mr. King has saved my life. I hired Mr. King for defense in a Court Martial case. His entire team worked tirelessly to create a solid defense for me. They would even just have conversations with me to make sure my mental health was okay throughout the whole process, making sure I know my resources incase I needed help. Because of Mr. King and his team I got an amazing plea that would not have been possible without him. I would recommend anyone to Mr. King and his team. Thank you all again for everything you have done for me and helping me still have a life after such a stressful event!
Bman153Bman153
06:14 28 Feb 23
I felt so hopeless until I found Don. The way that most of us service members aren’t entirely educated on our rights. Is appalling. What I was accused of is supposed to be a career killer. Something as simple as licking my finger tips while handling cash could’ve cost me everything. Don and LT Bassani both work in tandem in away that was so symbiotic you could’ve sworn they’ve worked together for decades. And a special and well deserved shoutout to Angela and Kasheta. They walked me through the process and practically held my hand the entire way. Not only that but they made myself and my witnesses feel comfortable. When it’s all said and done. This is the team you want on your side.
Kyp RidenhourKyp Ridenhour
19:05 05 Dec 22
Don King is as exceptional as his resume would have you believe. His knowledge of legal proceedings, and litigating skills were far above what I had even expected. His assistance was worth every penny. I could not have been happier with choosing King Military Law. Don and his team helped me through every part of the legal procedure that I was dealing with and if it had not been for his team I would not have been able to continue my career in the United States Marine Corps. Mr. King and his team were always able to help me and I would not ever recommend anyone else for help in a military law situation as Mr. King has more experience in military law and litigating than any prosecutor that the United States government would put up against you. His team will help you fight back any false charges and I would happily trust him and his team in any situation. My brother is a lawyer and he told me I was very lucky to find such an experienced lawyer to help me. Please reach out to KingMilitaryLaw for help if you are ever in need.
TonioTonio
01:46 17 Nov 22
I had a great experience working with King Military Law. They are excellent when it comes to communication and understanding the law. I would truly recommend them to anyone who needs assistance on any legal issues.
Siddharth SwaminathanSiddharth Swaminathan
14:41 09 Nov 22
Simply put Don, Kasheta and the rest of king military law are amazing. They are worth every dollar and Don truly cares about each of one of his clients. He will work night and day for and there is no one better than Don in this business. I was facing a board of inquiry for a situation that had gotten so far out of hand. Don pointed out so many flaws in my case and stopped my situation before it made it to a BOI. I cant thank Don enough. I called Don over 20 times a day. He always answered my phone calls, was patient and was with me every step of the way keeping me calm and grounded. My only regret is I didnt call Don immediately at the first sign of trouble.
Pusha 392Pusha 392
01:17 03 Nov 22
Was in an overwhelming situation with the Navy, reached out for a consultation with Mr King, he explained potential outcomes and path that could be taken. I felt comfortable hiring him and his team. Mr Don and his are knowledgeable, effective, efficient and very understanding. Because of their help I’m able to continue my time in the Navy. Big shout to Angela Schlosser and Kasheta De La Garza, who work and assist Mr Don King
greg Meagreg Mea
04:22 12 Oct 22
I can’t recommend King Military Law enough ! I felt like I wasn’t just a case but an actual person. They were professional yet compassionate every step of the way. Answered every question with kindness and honesty. They are completely transparent an filled with knowledge . Which i think is what everyone should look for when thinking about hiring an attorney. They truly have your best interest at heart.
Gabe CarothersGabe Carothers
03:05 30 Jul 22
King military law truly cares, and will be by your side every single step of the way. If you are even thinking of calling them. Do It. They are true professionals who care. Thank you king military law.
js_loader

See All Reviews

Share This
× Overseas? Contact KML on WhatsApp