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The Federal Government of the United States of America is immune to most lawsuits because of what is called sovereign immunity, but two important pieces of legislation allow people who have been harmed by acts of negligence to pursue damages if the negligent act occurs while a federal employee is performing a job that is similar to jobs performed in the private sector. If you have been injured due to negligent actions on part of military staff members, it is important that your personal injury lawyer has past experience with this form of litigation. Rosenfeld Injury Lawyers is one of the leading injury law firms in Illinois and has attorneys who specialize in these kinds of cases.
Who is able to file a Claim for Military Negligence or Medical Malpractice?
So long as an individual is an active serving member of the United States government, he or she is unable to sue the Federal government for any form of negligence or malpractice. However, family members of military personnel and veterans that are injured due to negligent acts are able to bring lawsuits in accordance to the Federal Tort Claims Act and the Military Claims Act. Examples of qualifying cases include but are not limited to the following.
- The child of a member of the armed services is harmed during delivery or staff fails to diagnose or properly treat conditions soon after birth that result in a permanent disability.
- Any family member of a serving member is misdiagnosed or receives inadequate treatment, resulting in complications and injuries.
- Veterans are denied proper testing measures and preventative care that results in the development of chronic or life threatening conditions, or conditions that permanently alter the veteran’s quality of living.
- Any veteran or family member of an active member of the military is injured while undergoing a medical procedure and it is deemed that the medical staff deviated from the standard of care, resulting in the injuries.
When to Seek Legal Counsel
Taking on the Federal government can seem daunting and it is important to retain the right legal representation before presenting your case. If you or a loved one has been injured due to an act of negligence or medical malpractice and you would like to know more about your rights, contact Rosenfeld Injury Lawyers today to arrange a free consultation with a medical negligence attorney who has experience with claims involving the negligent acts of military doctors and hospitals. Our offices are located throughout Illinois and we can arrange to meet you if you are unable to make it to us.
During your consultation, we will evaluate the details of your case, answer any questions you have and let you know more about the process of litigation so that you know exactly what to expect. If you or a loved one has been injured, we know that you have enough on your plate already and will never require payment upfront. Unless we are able to collect compensation on your behalf, our services and advice will be free of charge.
