The Military Claims Act covers injuries occurring outside the United States due to activities conducted by U.S. military personnel or employees. The provisions are very similar to the Federal Tort Claims Act, except that claimants do not have a right to sue the government if the claimant disagrees with the agency’s decision. Regulations have been developed by each service that govern what claims may be paid. A claimant denied by the adjudicating authority has a limited right of appeal. Appeals are directed to the office of the Judge Advocate General for the service. Appeals must be filed within 30 days.
Find out more information
- Each service has published regulations governing claims under both the Military Claims Act and the Federal Tort Claims Act. Read the Army handbook of regulations concerning claims under the Military Claims Act and the Federal Tort Claims Act.
- Read a U.S. Navy Judge Advocate General’s discussion of claims against the Navy under the FTCA and MCA.
- Find VA hospitals, health care facilities and clinics in your state.
- Standard Form 95 is the form used for starting all Federal Tort Claims Act claims.
If you or a family member has suffered a serious, permanent injury related to malpractice or negligence of a military or other government physician, we encourage you to contact us. We provide free consultations to help determine if you have a valid medical negligence or medical malpractice case.
Our Washington, D.C. based firm can bring injury claims against the United States government, regardless of where the injury occurred. Senior decision makers in the U.S. government are often based in or near Washington – in the U.S. Justice Department or in a branch of the military, for example.
We will need access to your complete medical record to do a thorough analysis.