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Military Medical Malpractice/Federal Tort Claims Act

The attorneys of the Military Law Group of Jones, Blechman, Woltz and Kelly are experienced in preparing and litigating cases against the United States for Military Medical Malpractice, Personal Injury and other negligent acts. Actions against the United States are primarily litigated under the Federal Tort Claims Act (28 U.S.C. § 2674). Cases that arise outside of the territorial United States are resolved under the Military Claims Act, 10 U.S.C. § 2733.

Federal Tort Claims Act

The Federal Torts Claims Act ("FTCA"), provides that the United States is liable for personal injuries, and medical malpractice "in the same manner as a private individual under like circumstances". The FTCA is the waiver of sovereign immunity for the United States . As a specific waiver, the terms of the FTCA are strictly construed.

The process begins with the filing of an SF-95, administrative claim form. This form must be filed within 2 years from the date you knew, or through the exercise of reasonable diligence should have known, of the negligent act. The FTCA requires that all claims be made in writing and that the claim state a "sum certain". Therefore, you cannot state a range value for the claim or state that it should be an "amount not less than ...". There must be a specific dollar figure cited. Any claim not properly filed before the two year mark will be barred forever.

Once the claim is filed the agency has 6 months from the date the clime is filed to investigate the claim. The claimant is not allowed to file suit during this initial 6 month period. Once the 6 months has passed, or when the agency has taken "final administrative action", suit may be filed. "Final administrative action" is defined as the claim is denied or a final offer of settlement is made. If the claimant receives a notice indicating "final administrative action" has bee taken, then claimant has 6 months in which to file suit. Any claim not filed within 6 months from the date of notice of final administrative action is forever barred.

Our attorneys have litigated Federal Tort Claims cases and are familiar with the federal claims procedure. We will prepare your claim and aggressively negotiate with the government counsel. If no agreement can be reached we will zealously pursue your case in the federal court system.

Military claims act/ foreign claims

The Military Claims Act (MCA) compensates for personal injury, death or property damage caused by activities of the federal government. Unlike the FTCA, the application of the MCA is worldwide. MCA claims are also limited to two categories of claim: 1) injury, death or property damage caused by military personnel or civilian employees acting within the scope of their employment and 2) injury, death or property damage caused by noncombatant activities of a peculiarly military character.

The primary limitation of the MCA is that there is no right to sue if the claim is denied. Each service has developed regulations governing what claims may be paid. A claimant that is denied by the adjudicating authority has a limited right of appeal to the office of the Judge Advocate General for the service. The appeal must be filed within 30 days.

There are various other statutes that govern claims against the United States that arise from overseas. Our attorneys can thoroughly discuss your best option for your overseas claim.

The attorneys of the Military Law Group of Jones, Blechman, Woltz & Kelly are experienced military claims practitioners. We will aggressively pursue your case from initial filing of the claims form through litigation in the federal court system. We will ensure you get the best possible result based upon the facts of your case.

The Military Law Group is a practice group of the firm of Jones, Blechman, Woltz and Kelly, P.C.