Federal Tort Claims Act (FTCA) Claims For Military Families
Military FTCA Lawyers Serving San Antonio, Killeen, Waco, El Paso And All Of Texas
Filing a Federal Tort Claim is a complicated process, as there are many specific requirements, deadlines and details that regulate who can file a claim, when it must be done and under what circumstances it is warranted.
At Winckler, Harvey & McConnell, LLP, we handle this special area of law for individuals and families who have suffered due to government negligence, particularly in medical malpractice cases related to military hospitals or VA hospitals.
Who Can File An FTCA Claim?
Veteran military personnel, their family members and active military dependents can file FTCA claims against a negligent military medical care provider. Current military personnel can make claims if they were injured while not on active duty in the military. If a military member was injured while on active duty, even if the injury was related to negligent medical care, the claim follows a different, unrelated process.
Many family members of military personnel obtain medical care through military hospitals. These individuals, such as a spouse who gives birth in a military hospital, can file a claim for themselves or their children.
Every military medical malpractice claim is different and cannot be outlined extensively here. In general, what matters is whether or not the negligence happened while a service member was on active duty. For example, if an active military member gives birth in a military hospital, resulting in birth injuries to herself or to her child, she could file a claim on behalf of her child but not for her own injuries. Similarly, a retiree who is injured by military health care after retirement, even if the treatment was for a service-related injury, can file a Federal Tort Claim.
To gain an understanding of whether or not a Federal Tort Claim is right for your situation, speak with an experienced attorney at our firm.