Key Things You Should Know about Statute of Limitations in Military Medical Malpractice
Military Medical Malpractice statutes of Limitations – What You Should Know
contract legal work is one way to go when dealing with malpractice. No one wants to find out that their illness or injury was the result of a medical error on the part of trusted doctors and it may be even more unsettling when those doctors are part of the military. There are a few things to be aware of when filing for this type of suit.
The first thing to remember is to file as soon as possible. The only people who are not eligible to file a claim are individuals who are actively serving in the military and are the claimant, if you are actively serving you can still file for a spouse or dependent when dealing with this type of medical malpractice.
The second thing that you need to remember is that the statute of limitation for these types of cases is two years. After that, you will be unable to file a claim ever no matter how much evidence or proof you have. These are not the only limitations that you need to be aware of when you are dealing with contract legal work. There are also limitations to filing for civil suits outside of the military.
When filing a claim within the military it is important to keep track of all documentation and importantly the amount of time that has past. The government has six months to respond to a claim. It is important to keep track of everyone you speak too, all documentations and dates and to make sure you follow up on your claim.
If you are not satisfied with the result, you can file a civil suit within six months of receiving the determination from the US government. Keep in mind that there is a restriction to this when you are filing on contract legal work. If the hospital or facility was outside the US, you still have to file within two years but you cannot file a civil suit should your claim be denied.
Dealing with a military medical malpractice suit can be difficult. There are several acts passed by Congress that can help. It is important to remember that if you are an active member of the military you cannot file suit for yourself. You can only file for a spouse of dependent. If your injury or illness occurred at an outside of the USA military hospital, you cannot file civil suit if the government denies your claim. However, if you file within the two year period dictated by the statutes of limitations there are some things to remember.
You can file a civil suit within six months of being denied by the government and that the government is required to respond to your case within six months of filing. contract legal work can help with this type of case. It is important that every conversation, email, fax, letter and record is copied, organized and maintained in order to ensure a quick resolution.