Military & Veteran Injuries on Long Island

The NDAA Active-Duty Medical Malpractice Claim Path

Before 2020, active-duty service members harmed by negligent medical care at military treatment facilities had limited recourse for compensation. The National Defense Authorization Act for Fiscal Year 2020 changed that by creating a dedicated administrative claim process for military medical malpractice.

Under this track, an active-duty service member files a malpractice claim directly with the responsible military branch. The claim is reviewed and adjudicated administratively. There is no federal court option for active-duty members under this path: the process begins and ends within the military branch’s review system. Injuries sustained in a combat zone are excluded from eligibility.

The two-year filing deadline applies here as well, measured from the date of the malpractice or from when it reasonably should have been discovered. That clock doesn’t pause while a service member is still on active duty.

Veterans who have separated from service and are later harmed at VA facilities take a different route. They file under the Federal Tort Claims Act, which allows federal court litigation after the administrative process is exhausted. Family members and dependents treated at military facilities follow the FTCA path as well, since the Feres doctrine doesn’t apply to them.

What to Expect When Pursuing a Military or Veteran Injury Claim

Federal claims involve more procedural steps than state court cases, and each step has consequences if handled incorrectly. Here’s how the process generally unfolds when we take on a matter.

Initial Review & Framework Identification

From the first consultation, Gregory Goodman reviews the facts, identifies the responsible federal agency or entity, and determines which legal framework applies: the FTCA, the NDAA administrative track, or another avenue. Getting this right at the outset shapes everything that follows.

Documentation & Administrative Filing

Building an administrative claim requires gathering medical records, service records, and evidence establishing the negligent act. We handle all documentation, administrative filings, and agency communication so clients can focus on recovery rather than paperwork.

Agency Review & Federal Court

Once the administrative claim is filed, the agency has six months to accept, deny, or make no decision. If the claim is denied or the review period passes without resolution, we can move the matter into the U.S. District Court for the Eastern District of New York.

Damages in a successful federal claim can include current and future medical expenses, lost wages, rehabilitation costs, pain and suffering, and loss of quality of life. Under New York state law, which governs damages calculations in Eastern District FTCA cases, there is no cap on non-economic damages. Punitive damages aren’t available under the FTCA.

Client Communication Throughout

Clients receive regular updates and have direct access to Gregory Goodman at every stage. Federal cases can take time, and we make sure clients always understand where their matter stands and what comes next.