If
you have suffered as the result of their military medical care
providers' mistakes and oversights, you have the option of filing a
claim for damages sustained during treatment. Following each step is
crucial to securing a successful case, ensuring that the you receive
the compensation that you need for your medical and other expenses.
Individuals
looking to file military medical malpractice claims must first fill
out Form 95, a two-page form used for all claims that fall under the
Federal Tort Claims Act statute, which was enacted to allow
individuals to file personal injury claims against the United States
government. Form 95 may be filled out by attorneys with backgrounds
in medical malpractice cases, but a client may fill out the forms
independently as long as the forms are filed within two years of the
incident.
The
first thing for you to remember is that when filling out Form 95, a
claim for a specific dollar amount is required. You should consider
all the costs of the damage done and calculate claims accordingly,
avoiding a broad range of numbers and requesting a very clear,
specific amount, as this will be the only time that you can request
the total amount stated on the forms.
When
filling out Form 95, you must describe your claim in as much detail
as possible. If unsure about the relevance of certain details, you
should play it safe and never assume that the small details are
irrelevant. The attorneys will be the judges of what is important.
For this reason, attorneys with backgrounds in military medical
malpractice cases are recommended because they are likely to notice
facts that you might not recognize.
Once
Form 95 is completed, it will be received by the United States Army
or the agency named in the claim. Claims will be considered within a
six-month time window. The agency receiving the forms may deny the
claim, whereupon a certified letter will be sent to the client whose
name appears on the forms. At this time, you will have six months to
file suit in federal court, sans a jury.
Conversely,
the agency receiving the forms may not deny the claims. Again,
clients will have six months to file suit to receive compensation.
The claims of clients who fail to file suit will be considered denied
and no further action will be taken. For this reason, it is crucial
for you to learn all that they can on how to sue the military and
file all of the appropriate forms in timely fashions.
If
you are claiming damages for military medical malpractice, it is
important to find an attorney who has experience in military medical
malpractice cases. This allows clients the benefit of trained
professionals who can show extensive knowledge in the field of
military medical malpractice and prove negligence beyond a reasonable
doubt.
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 Veterans Administration or military medical malpractice and need
further information on how to sue the military, contact Archuleta,
Alsaffar & Higginbotham today at 1-800-798-9529 or visit
www.govtclaim.com
for a free consultation.
Article Source: http://www.compensationsecrets.co.uk/