If you are a military member and have been injured due to medical malpractice, you may be wondering what your next steps should be. You may be considering filing a lawsuit against the doctor or hospital that caused your injuries.
If this is what you are thinking about, it is essential to consult with a military medical negligence lawyer first. This blog post will discuss seven questions you should ask any lawyer before deciding whether or not to file a lawsuit.
- 1 1. What is Military Medical Malpractice?
- 2 2. What Damages Can I Claim Against the Doctor or Hospital Responsible for My Injuries?
- 3 3. What Is Your Experience in Handling Military Medical Negligence Claims?
- 4 4. How Do You Charge for the Service?
- 5 5. What Documents Do You Need?
- 6 6. What Kind of Other Evidence Might Be Helpful?
- 7 7. How Long Will You Have to Fight for Your Case to Be Heard?
- 8 Conclusion
1. What is Military Medical Malpractice?
Military medical malpractice is negligence on the part of a military healthcare provider that results in harm to a patient. It can include errors in diagnosis, treatment, or aftercare.
Negligence is defined as failure to provide the standard of care that a reasonable person would expect under similar circumstances. You must show that the healthcare provider’s negligence caused you to harm to prove military medical malpractice.
2. What Damages Can I Claim Against the Doctor or Hospital Responsible for My Injuries?
Here are some cases when you might be able to sue for medical negligence:
- If you were misdiagnosed or your diagnosis was delayed, you may be able to sue for damages incurred because of the delay.
- If you were not adequately informed of the risks associated with a specific treatment or procedure, you may be able to sue for any injuries that resulted from the treatment or procedure.
- If your doctor did not give you the proper standard of care, you may be able to sue for any injuries or illnesses that resulted from the substandard care.
- If you were injured due to a medication error, you may be able to sue for damages incurred because of the error.
3. What Is Your Experience in Handling Military Medical Negligence Claims?
You want to be sure that the lawyer you hire has experience handling military medical negligence claims. It is a particular area of law, and you need an attorney who knows how to navigate the complicated process.
The lawyer you choose should also understand the unique challenges of military medical negligence claims. For example, there can be jurisdictional issues and statutes of limitations that are different from civilian cases.
You need a lawyer familiar with these complexities and who has a track record of success in handling military medical malpractice claims.
4. How Do You Charge for the Service?
Some lawyers will take your case on a contingency basis. It means that you only pay if the lawyer successfully wins your claim. If the lawyer does not win, you don’t have to pay anything.
Some lawyers also charge an hourly rate. Be sure to ask how the lawyer plans to charge for their services.
You should also ask whether there are any upfront costs that you will be responsible for. Some lawyers may require a retainer, which is an amount of money paid in advance.
Get all the information about fees and costs before hiring a lawyer.
5. What Documents Do You Need?
The attorney will likely request your medical records, so you must know how to obtain these. The military keeps meticulous records, so this shouldn’t be too difficult. However, if you’re having trouble obtaining them, your lawyer can help.
In addition to your medical records, the attorney will need any relevant documentation about your case. It may include letters from your commanding officer or copies of military regulations.
Again, if you’re having trouble obtaining this documentation, your lawyer can help.
6. What Kind of Other Evidence Might Be Helpful?
In addition to medical records and documentation, other types of evidence might be helpful to your case. It includes video footage, photos, and even social media posts.
If you have any of this type of evidence, bring it to your lawyer’s attention. It could be critical to your case.
7. How Long Will You Have to Fight for Your Case to Be Heard?
It is an important question to ask, as you will want to know how long you can expect to wait for your case to be heard. You will want to ensure that your case is given the time to get the compensation you deserve. Depending on the severity of your injuries, you may need to receive treatment and surgery as soon as possible.
Military medical malpractice cases can be complex. You will want to ensure that your lawyer has the experience and knowledge necessary to handle your case promptly. You should ask about the lawyer’s experience with cases like yours.
Whether you’re a service member or a veteran, if you believe you’ve been the victim of medical negligence, it’s crucial to seek legal counsel as soon as possible. Ensure to check their license and reviews. An experienced military medical malpractice lawyer will fight to get you the compensation and justice you deserve.