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Q: What kinds of cases do you handle? A: Our lawyers have handled virtually every type of medical malpractice case. The list below is only a sampling of the cases successfully settled or cases won at trial by the lawyers at Ryan & Brown.
Q: Who can sue? A: Military dependants and retirees may file claims and get recovery for injuries caused by the malpractice of military or government health care providers. Although most active duty military personnel cannot sue the government for injuries they personally received due to the malpractice of active duty military doctors, they may file claims on behalf of their dependents for medical malpractice. For example, the injured child of an active duty person may file a claim against the government. In addition, the active duty parent may also file a claim for their own emotional damages as well as for the increased medical costs or other expense the parent may incur due to the child's injury. Q: How does the process work? A: Administrative claims against the U.S. government are filed first -- before an actual lawsuit is filed -- under either the Federal Tort Claims Act or the Military Claims Act. The Federal Tort Claims Act applies to injuries that occur in the continental United States. The Military Claims Act applies to injuries that occur overseas. The government then has six months to investigate and to reach an administrative settlement of the claim. After six months have passed, if the government has not taken administrative action, you can move forward and file a lawsuit against the federal government in federal district court. Even if the government does take administrative action, if you don't agree with that action, you have the right to file suit against the U.S. government. Please note that there is no right to bring a lawsuit under the Military Claims Act because those cases occurred on foreign soil. Q: How long do I have to file a claim for my injuries? A: How long you have to file a claim for medical malpractice varies greatly depending on many different factors. Generally, for cases involving the United States, you have two years from the date you knew or should have known of the injury and the cause of the injury. Accordingly, it is extremely important that you contact an attorney as soon as possible after the malpractice occurs to make sure your rights are protected. If you do not file a claim before the statute of limitations expires, you may be forever barred from taking any legal action. It is, therefore, very important to contact a qualified lawyer as soon as possible. Q: How long will it take before my case is resolved? A: Medical malpractice cases are complex and take a significant amount of time to resolve. This is complicated further by the fact that claims against the United States must go through a two-step process. Although there is a great range from case to case, the entire process, from initial consultation to final resolution (in court or a settlement) may take approximately two years. Q: Will my career in the military be harmed if I file a claim for medical malpractice? A: In the 30 combined years we have been practicing in this field, none of our clients have ever experienced any type of backlash or retaliation from pursuing a claim for medical malpractice. Q: Do I have a case? A: Medical malpractice cases require proof that a doctor, nurse, lab technician, pharmacist or some other health care provider failed to do something that should have been done or gave you sub-standard medical care. It could also be that a doctor delayed diagnosing and/or treating your condition. Once negligence is shown, we also must prove that the bad care you received caused an injury to you. Q: How long do I have to file a claim for my injuries? A: How long you have to file a claim for medical malpractice varies greatly depending on many different factors. Accordingly, it is extremely important that you contact an attorney as soon as possible after the malpractice occurs to make sure your rights are protected. If you do not file a claim before the statute of limitations expires, you may be forever barred from taking any legal action. It is, therefore, very important to contact a qualified lawyer as soon as possible. Q: What kinds of cases do you handle? A: Ryan & Brown has handled virtually every type of medical malpractice case. The list below is only a sampling of the cases successfully settled or cases won at trial by the lawyers at Ryan & Brown. · Birth Injury/Injuries · Wrongful Death · Misdiagnosis of Cancer · Anesthesia Malpractice · Delay in Diagnosis of Meningitis · Pediatric Malpractice · Surgical Errors · Orthopedic Malpractice · Medication Mix-ups and Pharmacy Errors · Newborn Screening (PKU, Galactosemia, Hypothyroidism, etc.) · Vaccine Cases · Infectious Diseases · Cardiology · OB/GYN Malpractice Q: Will I speak to a lawyer when I call? A: At Ryan & Brown, we always talk directly with our clients. We return our telephone calls personally and encourage you to call us directly. We put our clients first and we treat you as an individual. Our goal is client satisfaction. Q: How much does it cost to hire an attorney from Ryan & Brown? A: If we are not successful in getting a settlement for you or we do not win at trial, you will not pay any attorneys' fees. This is called a contingent fee arrangement. If there is no recovery, then there is no fee. We generally advance all costs on the case, and repayment is not expected until there is a settlement or verdict, at which time the costs we have advanced will be repaid out of the settlement or verdict proceeds. For cases involving the United States, federal law limits attorneys fees to 20% of any settlement reached before a lawsuit is filed, and 25% of any settlement or verdict reached after a lawsuit is filed. For all other medical malpractice cases, the contingent fee is a percentage of recovery agreed to at the start of the case and ranges from 25% to 40% based on the complexity and risks of each individual case. Q: Why should I consult Ryan & Brown? A: By limiting our practice to handling only medical malpractice cases, we have been able to refine our skills and focus our efforts on not only maximizing the recovery for each client but also in finding creative solutions to the many problems that arise in medical malpractice cases. By limiting the type of cases we take, we can give all clients the individual attention their cases deserve. NO FEE IF NO RECOVERY 1-800-487-8760 Click Here For Free Consultation LawHelp@MilitaryMedicalMalpractice.com
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The following are the most frequently asked questions regarding military medical malpractice claims. After you've reviewed these questions and answers, please contact us to discuss the specifics of your case. 
