The Military Claims Act covers injuries occurring outside the United States as a result of conduct 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 dissatisfied with the agency's decision. Each service
has developed regulations governing what claims may be paid. A claimant that is denied by the adjudicating
authority has a limited right of appeal to the office of the Judge Advocate General for the service. The appeal
must be filed within 30 days.
Because of the inability to sue the government for a claim that is denied, it is important to make a thorough
and persuasive presentation to the agency of all the key facts concerning the claim.
Find out more information:
- Each service has published regulations governing claims under both the Military Claims Act and the Federal Tort Claims Act. Here is a handbook published by the Army: PDF
- Here is a web link to the U.S. Navy's Judge Advocate General's discussion of claims against the Navy under the FTCA and MCA. http://www.jag.navy.mil/FieldOffices/Code15.htm
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Legal Consultation
If you or a family member has suffered a serious, permanent injury related to a government or military
physician's malpractice or negligence, you may want to talk to a lawyer. We provide free consultations
to help determine if you have a valid medical negligence case.
Our firm is based in Washington, D.C. and can handle injury claims against the United States government
anywhere. The final decision makers in the government often are based in or near Washington - in the
U.S. Justice Department or one of the military branches.
We will need to obtain complete medical records to do a good analysis. Contact us with this form to
provide basic information to get the process started:
