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N Cal Atty
N Cal Atty, Military Law Answer Team
Category: Military Law
Satisfied Customers: 9087
Experience:  Military Law Expert
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CAN FAMILY MEMBER OF A DECEASE MILITARY PERSON SUE THE

Customer Question

CAN FAMILY MEMBER OF A DECEASE MILITARY PERSON SUE THE MILITARY FOR Civil Rights Conspiracy and medical negligence.
Submitted: 7 months ago.
Category: Military Law
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

It is possible to sue the federal government for medical negligence. The law suit would need to be filed under the Federal Tort Claims Act (FTCA). There is a 2 year statute of limitations for this...so the initial claim must be filed within 2 years of the event.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 7 months ago.
Attorney Philip we are looking for an lawyer who can get answer as we continue to get closure on the untimely death of our son. We strongly feel our son civil rights were violated and the negligence in his medical diagnosis/treatment contributed to his untimely death.
Expert:  P. Simmons replied 7 months ago.

Thank you...but I do not understand your follow on question...

Customer: replied 7 months ago.
I guest my question is do you know of a firm that is willing to take on a case like this on a contingency a case against the military?
Expert:  P. Simmons replied 7 months ago.

That I do not...but let me opt out...it may be another expert here will have an answer for you

Expert:  N Cal Atty replied 7 months ago.

New Expert here.

You can get a free consultation from some of the local medical malpractice attorneys listed here.

Suing the military for a civil rights violation is problematical and I don't have enough facts to form an opinion at to whether you have a case.

The statute of limitations for medical malpractice in California is usually three years, see section 340.5 at

http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Please follow up on this with a local attorney.

I hope this information is helpful.

Expert:  N Cal Atty replied 7 months ago.

Most medical malpractice cases are done for a contingent fee.

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