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Common Types of Military Medical Malpractice We Work With
Federal healthcare providers can make the same devastating mistakes as civilian doctors, but the legal process for seeking compensation differs significantly.
Birth Injuries at Military Hospitals
When service members' spouses give birth at military hospitals or VA facilities, negligence during labor and delivery can cause lifelong injuries. Cerebral palsy, Erb's palsy, and Hypoxic Ischemic Encephalopathy (HIE) often result from delayed C-sections, failure to monitor fetal distress, or improper use of delivery instruments. These children require decades of medical care, therapy, and specialized education.
Common birth injury scenarios include:
- Delayed cesarean delivery when fetal heart rate patterns indicate distress.
- Oxygen deprivation during labor causing brain damage.
- Shoulder dystocia injuries from improper delivery techniques resulting in Erb's palsy.
- Maternal injuries & maternal death from surgical errors during delivery.
Failure to Diagnose or Delayed Diagnosis
Federal healthcare providers sometimes miss critical warning signs of cancer, heart disease, strokes, and infections. When diagnosis is delayed, treatable conditions become terminal, or patients suffer preventable complications that alter their lives forever.
Surgical Errors and Complications
Mistakes during surgery at VA hospitals can include wrong-site surgery, anesthesia errors, leaving surgical instruments inside patients, or damaging organs and nerves. Poor post-operative care and failure to recognize complications can turn routine procedures into catastrophic injuries.
Medication Errors
Prescribing the wrong medication, incorrect dosages, or failing to check for dangerous drug interactions can cause organ failure, brain damage, or death. Federal facilities must maintain the same standards as civilian hospitals.
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Concerned About a Federal Facility Injury? We Can Help.
If you or a family member suffered harm at a VA hospital or military facility in NYC, time is critical. Let our experienced veteran medical malpractice attorneys evaluate your case and protect your rights under the FTCA.
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What Makes Army Medical Malpractice Cases Different
Military medical malpractice cases follow distinct rules that don't apply to civilian claims. If you or your family member received negligent care at a federal facility in New York City, you need a military medical malpractice lawyer who knows how to work within the FTCA framework.
The Federal Tort Claims Act Explained
The FTCA is a specific exception to sovereign immunity that allows lawsuits against federal employees for negligence. When VA doctors, military physicians, or other federal healthcare providers make mistakes, the U.S. government becomes the defendant instead of the individual provider. These cases are heard in federal court by a federal judge in a bench trial, meaning there's no jury to decide your case.
Standard Form 95: Your First Critical Step
Before filing any lawsuit, you must submit Standard Form 95 to the appropriate federal agency within two years of the incident. This administrative claim must state a "Sum Certain," which is the exact dollar amount of damages you're seeking. If this form is completed incorrectly or the deadline is missed, your case is lost forever. Many families lose their right to compensation because they didn't file SF-95 properly or on time.
Different Procedures, Higher Stakes
FTCA cases require precision. Federal courts demand specific documentation, strict compliance with procedural rules, and persuasive evidence presented directly to a judge. Our team has handled these complex cases for decades and knows exactly what it takes to succeed in federal court.
NYC Federal Facilities Where Medical Negligence Occurs
Veterans and military families in New York City receive care at several federal facilities where negligence can lead to catastrophic injuries.
VA NY Harbor Healthcare System
This major VA facility operates campuses in Manhattan and Brooklyn, serving thousands of veterans annually. Medical errors, hospital negligence, and misdiagnosis at either location can devastate families and leave veterans without the care they deserve.
James J. Peters VA Medical Center in the Bronx
Located in the Bronx, this facility treats veterans from throughout the region. When healthcare providers fail to meet the standard of care, patients may suffer delayed cancer diagnosis, surgical complications, or medication errors that cause permanent harm.
Community Care Providers
Through the VA Mission Act, many veterans now receive care from private healthcare providers under federal contracts. If a community care provider commits negligence, you may still have an FTCA claim against the federal government.
What You Must Prove in an FTCA Medical Malpractice Case
Winning a military medical malpractice lawsuit requires proving four essential elements before a federal judge.
A Doctor-Patient Relationship Existed
You must show that the federal healthcare provider had a duty to provide care to you or your family member. This is typically straightforward in cases involving VA hospitals or military facilities where treatment was provided.
The Provider Breached the Standard of Care
Healthcare providers must meet the standard of care that a reasonable medical professional would provide under similar circumstances. This means proving the provider's actions fell below what competent doctors would do in the same situation.
Note: Expert medical testimony is almost always required to establish the standard of care and the provider's violation of it.
The Breach Directly Caused Your Injury
You must connect the provider's negligence directly to the harm suffered. This causation link is critical. Even if a provider made a mistake, you can only recover compensation if that mistake caused your injury.
You Suffered Actual Damages
Compensation is only available for actual harm. You must document your injuries, medical expenses, lost wages, pain and suffering, and how negligence affected your life.
Compensation Available in FTCA Cases
Military medical malpractice cases often involve substantial damages, particularly when negligence causes permanent disabilities or affects children who require lifetime care.
Economic Damages
These cover financial losses with specific dollar values. Medical bills, future medical care costs, rehabilitation expenses, lost wages, and reduced earning capacity all fall under economic damages. For catastrophic birth injuries involving cerebral palsy, future medical care alone can reach tens of millions of dollars over a child's lifetime.
Non-Economic Damages
Pain and suffering, mental anguish, loss of enjoyment of life, and emotional distress are non-economic damages. While harder to quantify, these damages recognize the human cost of medical negligence beyond bills and paychecks.
Special Considerations for Birth Injury Cases
When newborns suffer birth injuries due to negligence, compensation must account for a lifetime of needs. This includes special education, home modifications, assistive devices, mobility equipment, and round-the-clock care as the child grows. Our army medical malpractice attorneys work with medical experts, life care planners, and economists to calculate the full cost of care for decades to come.
Why Choose the Jacob D. Fuchsberg Law Firm for Your FTCA Case
Federal medical malpractice cases require attorneys who understand federal court procedures, work with qualified medical experts, and have advanced knowledge in navigating the unique challenges of FTCA litigation.
- Decades of experience in complex medical malpractice: We've recovered millions for clients in medical malpractice cases, including birth injuries, surgical errors, and diagnostic failures. Our track record speaks to our ability to handle the most challenging cases against powerful defendants.
- Federal court experience you can trust: We regularly appear in the U.S. District Court for the Southern and Eastern Districts of New York. We know the federal judges, court procedures, and what it takes to build a persuasive case for a bench trial.
- No legal fees unless we win: You don't pay anything unless we recover compensation for your family. Our contingency fee arrangement means we only get paid if you do, allowing you to focus on your family's recovery while we handle the legal battle.
- Direct access to senior partners: From your first consultation, you work directly with our most experienced attorneys. We don't hand your case to junior lawyers or paralegals. Your family deserves our full attention and commitment.
- Compassionate, client-centered service: We know how difficult it is to be a victim of medical negligence, especially when it affects your child or a loved one. Our team prioritizes clear communication, regular updates, and support throughout the legal process.
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