Military Medical Malpractice Claims Attorneys in Colorado

If you are one of the millions of people who are eligible to receive health care in a federal health care facility, such as a military ("DOD") hospital, a Department of Veterans Affairs ("VA") hospital, or an Indian Health Services ("IHS") hospital, you should be aware of your legal rights in the unfortunate event that you are the victim of medical malpractice or other government negligence.

At Chalat Hatten & Koupal PC, we know the hurdles and have successfully handled claims against government and military physicians and hospitals under the Federal Tort Claims Act. Contact us today to learn more about our experience representing those injured in military medical malpractice situations.

The Federal Torts Claims Act ("FTCA") (28 U.S.C. sect. 2674), provides that the United States is liable for personal injuries and medical malpractice "in the same manner as a private individual under like circumstances." While the FTCA may provide victims with recourse to a legal remedy, it also imposes a number of strict requirements and conditions on those who seek to hold the government liable for their injuries. In reality, the FTCA sets up several hurdles for those wishing to pursue a claim for military medical malpractice or military nursing negligence.

Chalat Hatten & Koupal represents victims of medical malpractice treated in the following kinds of government health facilities:

• Military hospital (DOD)
• Federal health care facility
• Department of Veterans Affairs hospital (VA)
• Indian health services hospital (HIS)

Our lawyers can help you avoid unnecessary delays and complications while protecting your rights. For more information regarding FTCA claims, contact the military medical malpractice lawyers at Chalat Hatten & Koupal. Representing clients throughout Colorado, including Boulder, Colorado Springs, Ft. Collins, Grand Junction or Aurora, we provide free consultations and a flexible appointment schedule to accommodate the needs of our clients.

If you would like to discuss your FTCA matter with an experienced attorney, please contact Link to Contact Us a lawyer at our firm online or call us at 1.866.701.7292.

More About Military Medical Malpractice

Minor Disabled in Exploratory Surgery

On July 20, 1993, L.C., then 16 years old, underwent an exploratory laparoscopy at Fitzsimons Army Medical Center in Aurora, Colorado. The OB/GYN resident performing the procedure caused a "through and through" laceration of L.C.'s right common iliac artery. The right common iliac artery is the primary source of arterial blood to the right lower body.

In an attept to save her lower right leg, L.C. underwent seven major operations and several minor operations to repair the damage done to the severed artery. Her leg was deprived of blood for nearly 10 hours before arterial blood flow was restored. L.C. suffered severe emotional trauma and permanent scarring. Her treating physicians recommended that she undergo a below-the-knee amputation ("BKA"). On behalf of the plaintiff, we alleged negligent insertion of the laparoscopic trocar. The United States denied liability for the parent's derivative claims. The United States also disputed the extent of L.C.'s future lost earnings capacity.

The claim was filed against the United States, pursuant to the FTCA. During negotiations, the United States took the position that the $1,000,000 cap on liability found in Colorado's Health Care Availability Act was an "absolute" limit on liability in medical malpractice cases. The United States stated a willingness to litigate the issue, if necessary. The parties reached a settlement agreement involving a structured settlement cost of $987,786.00. The structure has an estimated total payout of $4,969,556.88 over the course of L.C.'s life expectancy.

Contact an attorney at Chalat Hatten & Koupal PC today.

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