By Buddy Blouin

In the civilian world, when you’re injured on the job or receive medical care at a healthcare facility and things go wrong, there are several legal avenues available. However, for those in the military, things work a bit differently. Military medical malpractice can be tricky to navigate. While sacrificing your body is a part of service, there are still some expectations troops maintain when it comes to their safety. Working with a military medical malpractice attorney can help you successfully receive the compensation you deserve. Below, we’re breaking down military malpractice in Colorado and your options both as an active duty member and a Veteran.

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Can You Sue the Military for Medical Malpractice in Colorado?

Yes, you can sue for military medical malpractice in Colorado. This action is allowed through Section 731 of the 2020 National Defense Authorization Act (NDAA), which came into law on December 20, 2019.

Specifically, the law permits a member of the American Armed Forces, or their military medical malpractice lawyer, to file claims for personal injury or death caused by a DoD healthcare provider in specific military medical treatment facilities.

Beforehand, military medical malpractice lawsuits were traditionally barred by the Feres doctrine, which restricts active duty troops from suing the government for injuries related to service. However, the 2020 NDAA provides a path for medical malpractice compensation, though limitations still apply.

According to the Federal Register, claims under $100,000 are directly paid by DoD, while the Treasury Department handles anything exceeding this amount. The statute requires service members to file claims within two years, but an exception allowed claims in 2020 for injuries in 2017.

Common Reasons for Suits

There are several reasons for military malpractice cases and you may be entitled to compensation without even realizing it. Here are some of the most common reasons people file a medical malpractice suit:

  • A diagnosis and/or treatment was either missed or delayed.
  • Receiving a misdiagnosis.
  • Errors during an operation or when receiving anesthesia.
  • Injuries that occur during childbirth.
  • Various forms of negligence while receiving healthcare.

Again, even now that the military malpractice law passed, there are limitations. Your ability to successfully file a lawsuit will vary for several reasons. Working with a military malpractice lawyer who specializes in such personal injury lawsuits is important to get the compensation you deserve.

Car Accident and Personal Injury Cases in Colorado

Being a part of the military community is commonplace throughout the Front Range Urban Corridor. Home to many military installations, Colorado understands the sacrifice that comes with a life of service. But when things don’t go according to plan, you don’t have to face things alone.

Franklin D. Azar & Associates, P.C. understand accident cases in the military and is proud to be a resource 24/7/365. Consultations are free for the military community, and the team is well prepared to handle your case.

Offering more than 40 years of combined experience, we’ve represented more than 50,000 clients. Altogether, we’ve collected more than $2.3 billion in damages. Our experience and track record are only beaten by our commitment to helping military members and their families.

Military car accident suits and personal injury cases can be stressful, but you don’t have to face them alone. Let the professionals at Franklin D. Azar & Associates, P.C. help you get the compensation you deserve.

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This article is the result of a paid collaboration with Franklin D. Azar & Associates, P.C.



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