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Pursuing a Medical Malpractice Claim Against the United States: Be Aware of the Statute of Limitations Introduction If you have been injured as a result of medical negligence, you may feel that you should adopt a "wait-and-see" approach with respect to your injury, or perhaps you don't "feel up to" deciding whether you want to pursue your legal remedies. You should, however, bear in mind that the law requires you to pursue legal remedies sooner rather than later. This requirement is generally known as the "statute of limitations." If you fail to file your claim within the statute of limitations you may be forever barred from bringing your claim, regardless of the merit of your claim. Therefore, even if you do not think you will be bringing a lawsuit, consulting with an experienced medical malpractice attorney is essential to determine if any action should be taken to preserve your potential claim. Common Misconceptions or Mistakes made by Military Families Regarding Malpractice Claims The most common mistake made by military families is their failure to contact an attorney or file a claim because they are concerned that their military career or subsequent health care may be affected in some way. THE FILING OF A CLAIM WILL NOT DAMAGE YOUR MILITARY CAREER OR JEOPARDIZE SUBSEQUENT HEALTH CARE. The second most common mistake made by military families is the assumption that if the injured person is an infant or a minor that they can wait until the child attains the age of majority (18) before filing a claim. THIS IS NOT TRUE. THE TWO (2) YEAR STATUTE OF LIMITATIONS APPLIES TO EVERYONE, REGARDLESS OF WHETHER THEY ARE A CHILD OR INCOMPETENT FOR ANY REASON. A THIRD MISTAKE IS BELIEVING AN ACTIVE DUTY MEMBER CANNOT SUE THE MILITARY. THIS IS TRUE ONLY IF THE ACTIVE DUTY PERSON IS ALSO THE INJURED INDIVIDUAL. AN ACTIVE DUTY PERSON CAN ALWAYS FILE A CLAIM IF HIS/HER SPOUSE OR CHILD IS THE INJURED INDIVIDUAL. Statute Of Limitations Applicable to Medical Malpractice Cases Arising in Military Hospitals in the United States and Military Hospitals around the World If an injury and/or negligent medical care occurs at a military hospital in the United States, the Federal Tort Claims Act provides that a claim must be filed within two (2) years of the injury or when the claimant knew or should have known/suspected the injury and its cause. Once a claim is filed, the United States has six (6) months in which to investigate the claim. After the six-month period, the claimant can file suit in United States District Court or the claimant can continue to work with the United States in an effort to resolve the claim. If a claim is denied by the United States, and the claimant wishes to pursue the matter, suit must be filed in the appropriate United States District Court within six (6) months from the date of the denial letter or the claim is forever barred. If an injury and/or negligent medical care occurs at a military hospital outside the United States, the Military Claims Act provides that the claim must be filed within two (2) years of the injury or when the claimant knew or should have known/suspected the injury and its cause. Unlike the Federal Tort Claims Act, claimants do not have a right to file suit against the United States if they are dissatisfied with the determination of the claim. Conclusion The statute of limitations cuts off a plaintiff's right to seek a remedy for an injury. Many of the triggering events for the statute of limitations are tied to what a plaintiff knew or should have known about his injury and its cause. It is, therefore, important to consult an attorney experienced in medical malpractice claims involving the United States military health care system. An experienced attorney can analyze the facts surrounding your case to determine the following: when the malpractice occurred, when you would have been reasonably expected to know you were injured, whether the time for filing a claim can be lengthened due to the circumstances of your case, and what recourse you may have for your injury. NO FEE IF NO RECOVERY 1-800-487-8760 Click Here For Free Consultation LawHelp@MilitaryMedicalMalpractice.com
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