Entries Tagged 'Military Medical Malpractice' ↓

What’s the difference between the Military Claims Act and the Federal Tort Claims Act?

The major difference between these statutes is that under the MCA the claimant has no right to sue the United States in court.

Shouldn’t I hire a local attorney to handle my military medical malpractice case?

The best way to insure a successful outcome is to hire an attorney experienced in handling FTCA cases. The FTCA has very specific requirements that must be met and you want to insure that your attorney has experience in dealing with this statute. In addition, knowing how the system works and who the players are can greatly enhance your receiving a recovery short of having to go to trial. If your case must go to trial, it will be tried in a federal district court. Your attorney therefore must have experience with federal procedure – something that is not common with all local lawyers. Finally, you pay no more for an experienced FTCA attorney since attorney fees are set by statue. Our FTCA attorneys have filed suit on behalf of FTCA clients in federal courts located in the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maryland, Minnesota, Nebraska, Nevada, New York, North Carolina, Ohio, Oklahoma, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Washington.

How much does it cost to file a medical malpractice claim against the U.S. military?

The Military Medical Malpractice Legal Network operates on a contingency fee basis. That means we get paid only if you recover. Should you obtain a recovery as a result of the claim, the law specifically designates how much the attorney can receive. That amount is 20% of the total recovery if a settlement is reached prior to filing a suit in federal court. If a recovery is obtained after suit is filed, attorney fees cannot exceed 25%. The costs incurred in prosecuting the claim will also be deducted from the final recovery. Our firm never requires payment of a “retainer fee”.