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I know of active duty soldiers who have obtained FTCA recoveries from the government in medical malpractice actions. How can this be?

April 26, 2017Actions active duty ftca government malpractice medical obtained recoveries soldiers

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I know of active duty soldiers who have obtained FTCA recoveries from the government in medical malpractice actions. How can this be?

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The federal courts do allow active duty personnel to recover “derivative damages” in some cases. If allowed by the state where the negligence occurred, a soldier can sometimes recover for lost society and services derived from an injury to a spouse or child who has filed an FTCA claim. This is a complicated legal issue which must be handled by an attorney experienced with such cases.