If you are a retired service member or military dependent who has been injured by military medical malpractice, you have a right to compensation and want to be sure your claim is in good hands. David Sheldon will see that you get the best shot at obtaining just compensation for your injury.
Under the Federal Tort Claims Act (FTCA), retired service members and military dependents (but not active-duty personnel) who have been injured by medical malpractice or negligence at a military treatment facility (MTF) can file a claim against the federal government. You must file a Notice of Claim within two years of the date when you knew of the injury.
FTCA rules are complex, and your lawyer must see that you comply with every one. Mr. Sheldon knows the right questions to ask and the best steps to take:
Obtain all records pertaining to your case. It is critical to have an independent record request instead of relying on the documents you have collected from the MTF. Independent requests can obtain records that have been withheld from you, including critical notes and other informal documents. It can be extremely difficult and time-consuming to obtain records because MTFs routinely are slow or even reluctant to produce the documents they have. Mr. Sheldon won’t give up.
Evaluate and investigate your claim. Once he has obtained all pertinent records, Mr. Sheldon hires qualified medical experts to evaluate them. They assess whether there was a breach in the standard of care, and if that breach could have caused your injury. If the case has merit, Mr. Sheldon personally investigates the facts to make sure it’s done right. He collects evidence to support your claim, including statements from witnesses, detailed medical examinations, and thorough photographs of the injury.
Make your case. Armed with records and evidence, Mr. Sheldon will make and thoroughly present your case in a complete packet that he submits on your behalf. While some attorneys file a claim by filling out a form and attaching a cover letter, Mr. Sheldon combines medical records, witness statements, and photographs with a thorough account of your claim. This packet is designed to convince the government that your case has merit and you deserve significant damages.
Sue in federal court. If your medical malpractice claim is denied or not settled within six months, you have the right to file suit in federal court. Based on his extensive experience in the federal courts, Mr. Sheldon will assess whether the case should be taken there. If the case is strong, he will file suit in federal court—and unlike many military defense attorneys, he has the expertise to do it.
Examples of David Sheldon’s Results:
- Obtained a multi-million dollar recovery for a client under the Federal Tort Claims Act.
- Was lead counsel in a landmark Privacy Act case, Cummings v. Dep't of the Navy,
279 F. 3d 1051 (D.C. Cir. 2002), that upheld the right of service members to sue for damages under the Act.
The suit later settled for a substantial monetary award [click here to view the case summary].
- Filed suit against the Army and obtained a significant recovery for a victim of malpractice at Walter Reed Army Medical Center.
People who suffer property loss or injury from the noncombat actions of military personnel can file claims for damages against the federal government under the Military Claims Act (MCA). David Sheldon will help you obtain damages for loss, injury, or death caused by a civilian employee or active-duty member of the Army, Navy, Air Force, Marines, or Coast Guard acting outside the line of duty.
For MCA claims, Mr. Sheldon takes similar steps to those for medical malpractice:
Obtain all records pertaining to your case. For cases involving injury or death, it is critical to have an independent record request instead of relying on the documents you have collected from the military treatment facility (MTF). Independent requests can obtain records that have been withheld from you, including critical notes and other informal documents. It can be extremely difficult and time-consuming to obtain records because MTFs routinely are slow or even reluctant to produce the documents they have. Mr. Sheldon won’t give up.
Evaluate and investigate your claim. Once he has obtained all pertinent records, Mr. Sheldon hires qualified medical experts to evaluate them. They assess whether there was a breach in the standard of care, and if that breach could have caused your injury. If the case has merit, Mr. Sheldon personally investigates the facts to make sure it’s done right. He collects evidence to support your claim, including statements from witnesses, detailed medical examinations, and thorough photographs of the damages or injury
Make your case. Armed with records and evidence, Mr. Sheldon will make and thoroughly present your case in a complete packet that he submits on your behalf. While some attorneys file a claim by filling out a form and attaching a cover letter, Mr. Sheldon combines medical records, witness statements, and photographs with a thorough account of your claim. This packet is designed to convince the government that your case has merit and you deserve significant damages.
Appeal adverse decisions. You have the right to appeal an adverse decision to the Secretary. If your case is strong, Mr. Sheldon will fight for your appeal. However, under the Military Claims Act you do not have the right to sue in federal court.
Example of David Sheldon’s Results:
- Obtained a high-value settlement under the Military Claims Act for a dependent who was the victim of malpractice overseas, where civilian health-care providers failed to provide proper medical care.
‡ For both FTCA and MCA claims, David Sheldon receives no payment for investigation and evaluation of your case. The firm is paid only if you receive a settlement. The fee is 20 percent of the settlement amounts awarded before filing suit in federal court and 25 percent of settlement amounts for suits filed in federal court.
