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3 Key Things You Should Know about Statute of Limitations in Military Medical Malpractice

04th April 2011
By Jane.Stafford in Law
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If you or a family member have been injured as a result of medical malpractice at a Veterans Administration (VA) or military medical facility, you may believe that are your circumstances prevent you from filing a claim. Additionally, you may not be aware that there is a time limit for you to file a claim after you have been injured.

This time limit 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 its merit. Here are 3 key things you should know about the statute of limitations in military medical malpractice claims:

Why You May Fail to File a Claim

One of the most common reasons military families fail to contact an attorney or file a claim is because they are unaware of the deadline to file a claim. Many believe that an active duty member cannot sue the military. This is true if the injured individual is also the active duty person, but the active duty person can file a claim if his/her spouse or child is injured.

Waiting Until A Child is an Adult

The second common mistake made by military families is the assumption that if the injured person is an infant or a minor, then they can wait until the child is 18 before filing a claim. Even if the patient is an infant, it is a misconception to wait for the child to become an adult. The 2 year statute of limitations applies to everyone, even minors and incompetent persons.

How the Statute of Limitations Applies

According to Federal Tort Claims Act, a military medical malpractice claim should be filed within two years of the date the claim accrues. The government agency has six months to investigate the claim. After six months, suit may be filed in the US District Court

The statute of limitations puts a time constraint on your right to seek compensation for an injury. Additionally, there are serious errors one can make when filling out the claim forms. Therefore, it is important to consult an attorney experienced in military 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.

Archuleta, Alsaffar & Higginbotham handles all types of military medical malpractice cases arising from Military and VA Veterans Administration medical care, including birth injuries, surgical mistakes, and misdiagnosis or failure to diagnose diseases such as cancer. If you believe you or someone close to you has been injured by the Veterans Administration or by military medical malpractice, contact Archuleta, Alsaffar & Higginbotham today at 1-800-798-9529 or visit for a free consultation.

Heather Preston. Military Medical Malpractice - The Law Offices of Archuleta, Alsaffar, & Higginbotham have helped many Military Families, Veterans, and Veterans' Families recover for their damages due to medical malpractice.
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