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I am an active duty military spouse and I gave birth in a military hospital. There were complications with my delivery and I think it’s the doctor’s fault. Can I sue the military hospital even though my spouse is active duty?

 It’s true that your spouse could not sue the government if his doctor injured him, but that rule doesn’t apply to you. Family of active duty service members can bring a claim on their own behalf. If you think your doctor was negligent or committed malpractice during your delivery, you should talk to an experienced medical malpractice attorney about initiating the claim process.

Claims against the government have to comply with the Federal Tort Claims Act. There are a lot of rules you have to follow when you sue a federal entity that don’t apply to regular lawsuits. For example, you have to file an administrative claim with the appropriate federal agency before you are even allowed to file a lawsuit. After you file the administrative claim, there are specific time limits that apply to each stage of the process.

It is possible to receive money damages from the federal government for a federal employee’s negligence or a doctor’s malpractice. Don’t feel like you are stuck without a remedy just because your hospital was a military facility. Our military families deserve the best medical care, and if a military doctor was negligent with your treatment, you should be compensated.  See this article about an important Supreme Court Ruling for more information about suing a military doctor for medical malpractice.

 

 

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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