Understanding Medical Malpractice Claims at Military Treatment Facilities

Medical care is essential for active-duty service members and families at facilities like Camp Pendleton and Naval Hospital Camp Pendleton. When medical mistakes occur, consequences can be life-changing. Military medical malpractice claims are unique, involving military service, federal law, and California personal injury principles. The experienced Orange County personal injury lawyer at The Law Offices of William W. Bruzzo can help navigate this complex process and fight for the compensation you deserve.

What Counts as Medical Malpractice at a Military Facility?

Medical malpractice occurs when a doctor, nurse, or other healthcare provider fails to meet the accepted standard of care and that failure causes harm. At a military treatment facility, malpractice may include:

• Misdiagnosis or Delayed Diagnosis: Failing to identify serious conditions like cancer or infection in time can lead to devastating consequences.
• Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the patient, can result in severe injury.
• Medication Errors: Giving the wrong medication or dosage can cause dangerous reactions or fail to treat the underlying condition.
• Improper Treatment or Neglect: Receiving the wrong treatment plan or inadequate monitoring can allow a patient’s condition to worsen.
• Birth Injuries: Mistakes during pregnancy, labor, or delivery can cause lasting harm to both mothers and newborns.

Each of these errors can impact service members differently, especially if the injury affects deployability, training, or long-term health and career prospects.

The Feres Doctrine and Recent Legal Changes

Historically, the Feres Doctrine prevented active-duty military members from suing the federal government for injuries that were “incident to service,” including malpractice at military hospitals. This left many service members without recourse, even when negligence was clear.

In December 2019, however, President Trump signed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which created a path for certain malpractice claims through the Department of Defense. This legislation, known as the SFC Richard Stayskal Military Medical Accountability Act, became effective in 2020 and allows service members to file administrative claims for compensation directly with the DoD.

Family members and veterans may have additional options through the Federal Tort Claims Act (FTCA) or in California civil courts, depending on the situation. An experienced Orange County personal injury attorney can help you understand which path applies to your case.

How to File Military Medical Malpractice Claims in Orange County

Bringing a claim against a military treatment facility is significantly different from filing a civilian malpractice lawsuit. The process may involve:

• DoD Administrative Claims: Active-duty service members harmed by malpractice must submit claims through the DoD administrative process within two years of the incident.
• Federal Tort Claims Act (FTCA): Dependents, veterans, or civilians injured at military hospitals may bring claims against the government under the FTCA.
• California Civil Court Claims: If negligence involved civilian contractors working within the facility, claims may be pursued in state courts.
• Strict Documentation Requirements: Claims must include detailed medical records, expert medical opinions, and specific documentation of how the standard of care was breached.

Claims must be presented within two years after the malpractice occurs or accrues, and service members whose malpractice occurred in 2017 were allowed to file claims in 2020 under special provisions.

Orange County Military Malpractice Compensation: What You Can Recover

The type and amount of compensation available in military medical malpractice cases depend on who is filing and the circumstances of the injury. Recent updates have improved compensation availability:

• Past, present, and future medical treatment related to the malpractice.
• Compensation for prevented deployments, advancement, or medical discharge.
• Pain and suffering up to $750,000 without benefit offsets.
• Future civilian career impact may be compensated.
• Family damages if malpractice results in death.

Claims under $100,000 are paid directly by the DoD, while claims over $100,000 are reviewed and paid by the Treasury Department. The DoD no longer offsets non-economic damages against other military or VA benefits received.

Why Work with an Orange County Personal Injury Lawyer?

Military malpractice claims are not like ordinary injury cases. They involve layers of military regulations, federal statutes, and California law. Without proper guidance, it’s easy to miss critical deadlines or file through the wrong process.

At The Law Offices of William W. Bruzzo, we understand the unique challenges service members and their families face. As a former Marine Corps Major, our Orange County personal injury attorney has extensive experience with military protocols and procedures. We are committed to helping you navigate these cases with clarity and compassion, whether your claim belongs with the DoD, under the FTCA, or in civil court.

How Long Do Military Medical Malpractice Cases Take?

Military medical malpractice cases follow different timelines than civilian lawsuits due to the administrative process:

• Filing Deadline: Two years from the incident.
• DoD Review: 6-12 months for initial decision.
• Appeals: Additional 6-9 months if denied.
• Payment: 30-60 days for claims under $100,000; larger claims take 3-6 months longer.

Most cases resolve within 12-18 months from filing. An experienced Orange County personal injury attorney can help expedite the process with proper documentation.

Steps to Take After Suspected Military Medical Malpractice in Orange County

If you believe you or a loved one suffered harm due to malpractice at a military treatment facility:

• Preserve Medical Records: Collect all documentation from both military and civilian providers.
• Document Impact: Record symptoms and effects on daily life and military duties.
• Consult Medical Experts: Seek opinions from qualified healthcare professionals outside the DoD system.
• Contact an Attorney: Reach out to an Orange County personal injury lawyer experienced with military malpractice procedures.
• Act Immediately: File within the strict two-year statute of limitations to preserve your rights.

Taking these steps promptly can significantly strengthen your case and protect your legal options under federal law.

Get Help from Orange County Personal Injury Lawyer Today

If you or a loved one suffered harm due to malpractice at Camp Pendleton or another military treatment facility near Oceanside, don’t wait to seek legal advice. Federal regulations impose strict statutes of limitations, and critical evidence must be preserved quickly. The Orange County personal injury attorney at The Law Offices of William W. Bruzzo understands military culture and federal procedures, ensuring your case gets the focused attention it deserves. Call (760) 307-4233 or contact us online today for a free consultation and protect your rights.