Providing Compassionate Counsel for Victims of Military and VA Hospital Malpractice

Southern California has a large military community — one that is entitled to the best medical care available. Although active duty servicemen and women are prohibited from filing malpractice claims against military hospitals and doctors, their dependants are not. When military spouses or children are victims of negligent care, the law permits them to recover for their injuries and damages. Retired military are also able to pursue claims against Veterans Administration hospitals and clinics.

Medical Malpractice in Military and VA Hospitals

If you or a family member was injured because of a military health care provider's negligence, an experienced San Diego military and VA hospital malpractice attorney can help you receive the compensation you need. The Law Offices of Steven I. Kastner has been helping San Diego's servicemen and women for more than 35 years — and we understand the special needs of our military families.

Rights Under the Federal Tort Claims Act

As a result of Feres v. United States (1950), service members cannot recover compensation for injuries suffered while on active duty. This includes claims for injuries and damages arising out of negligent medical care and treatment provided by a military doctor or at a military hospital.

The Feres Doctrine does not, however, apply to injured or killed family members of service personnel or retirees. Their rights to recover compensation under the Federal Tort Claims Act are specifically protected. Spouses and children of active members of the military can sue if they were injured through medical malpractice, including:

Experienced San Diego Military Hospital Lawyer

If you have more questions about the Federal Tort Claims Act or what rights are protected by the United States Department of Veterans Affairs, contact us online or for a free consultation call 619-894-7357.