How to File a Claim in a Military Medical Malpractice Case

If you have suffered as the result of their military medical care providers’ mistakes and oversights, you have the option of filing a claim for damages sustained during treatment. Following each step is crucial to securing a successful case, ensuring that the you receive the compensation that you need for your medical and other expenses.

Individuals looking to file military medical malpractice claims must first fill out Form 95, a two-page form used for all claims that fall under the Federal Tort Claims Act statute, which was enacted to allow individuals to file personal injury claims against the United States government. Form 95 may be filled out by attorneys with backgrounds in medical malpractice cases, but a client may fill out the forms independently as long as the forms are filed within two years of the incident.

The first thing for you to remember is that when filling out Form 95, a claim for a specific dollar amount is required. You should consider all the costs of the damage done and calculate claims accordingly, avoiding a broad range of numbers and requesting a very clear, specific amount, as this will be the only time that you can request the total amount stated on the forms.

When filling out Form 95, you must describe your claim in as much detail as possible. If unsure about the relevance of certain details, you should play it safe and never assume that the small details are irrelevant. The attorneys will be the judges of what is important. For this reason, attorneys with backgrounds in military medical malpractice cases are recommended because they are likely to notice facts that you might not recognize.

Once Form 95 is completed, it will be received by the United States Army or the agency named in the claim. Claims will be considered within a six-month time window. The agency receiving the forms may deny the claim, whereupon a certified letter will be sent to the client whose name appears on the forms. At this time, you will have six months to file suit in federal court, sans a jury.

Conversely, the agency receiving the forms may not deny the claims. Again, clients will have six months to file suit to receive compensation. The claims of clients who fail to file suit will be considered denied and no further action will be taken. For this reason, it is crucial for you to learn all that they can on how to sue the military and file all of the appropriate forms in timely fashions.

If you are claiming damages for military medical malpractice, it is important to find an attorney who has experience in military medical malpractice cases. This allows clients the benefit of trained professionals who can show extensive knowledge in the field of military medical malpractice and prove negligence beyond a reasonable doubt.

Archuleta, Alsaffar & Higginbotham handles all types of military medical malpractice cases arising from Military and VA Veterans Administration medical care, including birth injuries, surgical mistakes, and misdiagnosis or failure to diagnose diseases such as cancer. If you believe you or someone close to you has been injured by Veterans Administration or military medical malpractice and need further information on how to sue the military, contact Archuleta, Alsaffar & Higginbotham today at 1-800-798-9529 or visit www.govtclaim.com for a free consultation.

Heather Preston. How to Sue the Military – Have you or a loved one been injured at a military or VA hospital? If so, the law offices of Archuleta, Alsaffar, & Higginbotham may be able to help you recover under the Federal Tort Claims Act.


May 9, 2012 | Author: | Posted in Business

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