Military Medical Malpractice
Contact GCW Law if you have been Injured while receiving medical treatment at a VA or Military Hospital; or if you have suffered Property or Monetary Damages caused by a branch of the U.S. military.
We Handle Federal Tort Claims Act (FTCA) Cases Worldwide.
Free Case Evaluation.
NO FEE IF NO RECOVERY.
Call us at 1-888-919-8265.
Why Hire GCW Law?
Because “the Military is Our Business.” Our backgrounds are unique for military claims under the FTCA (Federal Tort Claims Act) and for filing lawsuits against VA Hospitals for Medical Malpractice. Consider our backgrounds:
- Our firm has two (2) former JAG Chiefs of Claims, assigned to the duty of evaluating damages for claims made against the military for Physical Injury or Property Damages;
- Our firm has attorneys with litigation backgrounds handling Medical Malpractice claims in Federal Court;
- Our firm has attorneys with Personal Injury experience and both filing claims for damages and defending against them; and
- Our firm has attorneys who are former Judge Advocate Generals (JAGs) in the military.
- We ONLY represent Servicemembers, Veterans and their Families.
What this should tell you is that we know and understand the process from Step One of filing a lawsuit under the FTCA. Additionally, we have the personnel to assist in the pursuit of damages against the Military and VA Hospitals. GCW Law has investigators, a Nurse Consultant, Paralegal and others who are experienced in litigation in the medical field.
So, it is important to know that:
- We are intimately familiar with the process under the FTCA;
- We have an in-depth knowledge of the process having been former JAGs, to include former Chiefs of Claims; and
- We are experienced Trial Lawyers.
The Federal Tort Claims Act and the Feres Doctrine
If you aren’t sure whether or not you have a claim against the VA or Military Hospital, call us for a Free Case Evaluation. We will be happy to discuss whether or not you have a claim you can pursue. The reason it is important for you to seek out legal advice is because many claims may be barred under the laws.
The Federal Tort Claims Act (“FTCA”) waives the United States’
sovereign immunity for “tort claims, in the same manner and to the same extent as
a private individual under like circumstances.” 28 U.S.C. § 2674. The FTCA,
however, does not apply (among other exceptions) to “[a]ny claim arising out of
the combatant activities of the military or naval forces, or the Coast Guard, during
time of war.” 18 U.S.C. § 2680(j). Although this statutory military exception is
narrow, Feres carved out a broader exception, holding that the government is not
liable for injuries that “arise out of or are in the course of activity incident to
service.” 340 U.S. at 146; see also Schoenfeld v. Quamme, 492 F.3d 1016, 1019
(9th Cir. 2007).
Feres held that the FTCA did not waive sovereign immunity from
actions arising from the tortious conduct of U.S. military personnel causing injuries
to other military personnel engaged in non-combat activities. 340 U.S. at 145-46.
The Supreme Court emphasized the “distinctively federal  character” of “[t]he
relationship between the Government and members of its armed forces.” Id. at
143. It also noted the “extremely favorabl[e]” military benefits already awarded to
the plaintiffs for the injuries. Id. at 145. These policy considerations persuaded
the Supreme Court that Congress could not have intended the FTCA to expose the
government to liability to injuries arising “in the course of activity incident to
[military] service.” Id. at 146. United States v. Shearer, 473 U.S. 52 (1985),
subsequently reasoned that the key inquiry in determining whether an injury was
sustained “incident to service” is “whether the suit requires the civilian court to
second-guess military decisions, and whether the suit might impair essential
military discipline.” Id. at 57 (internal citations omitted).