Long Island Military Medical Malpractice Attorney
Two Federal Pathways, One Firm That Knows Which One Applies
Military medical malpractice claims don’t follow ordinary civil litigation rules. Which federal law governs, how the claim is filed, and where it can ultimately be heard all depend on whether the injured person was active duty, a veteran, or a military dependent at the time of the harm. At The Law Office of Gregory A. Goodman, P.C., we identify which track applies before treating either as automatic.
Deadlines on these claims run from the date of injury, and missing a filing deadline can end a claim for good. Contact us at (800) 242-3740 to go over the facts before time runs out.
Why Active-Duty Members Face Different Rules
The starting point for any military malpractice claim is the Feres doctrine, which stems from a 1950 Supreme Court decision, Feres v. United States, holding that active-duty service members generally can’t sue the federal government for injuries incident to military service. For decades, that ruling closed the courthouse door entirely.
The National Defense Authorization Act for Fiscal Year 2020 created the first meaningful exception. Active-duty members can now file administrative malpractice claims directly with their military branch when the harm occurred at a covered military treatment facility. The NDAA didn’t repeal Feres, though. Active-duty service members still can’t bring a lawsuit in federal court over military medical negligence. The administrative process within the branch is the beginning and the end of that track.
We treat Feres doctrine application as fact-specific rather than automatic. Before concluding a claim is barred, we review the circumstances of the injury.
Who Can File a Claim & Which Path They Follow
Three groups can pursue compensation for military medical negligence, and each follows a distinct legal route:
Active-Duty Service Members
The NDAA administrative track applies. The claim goes directly to the responsible military branch, not to a court. Care given in combat zones, in the field, aboard ships, or at battalion aid stations is excluded. Injuries at covered military treatment facilities are within scope.
Veterans After Separation
Once a service member separates from active duty, the Federal Tort Claims Act (FTCA) governs any claim arising from later care at a VA facility. The FTCA allows federal court litigation after an administrative review stage is completed. We handle claims arising from care at the Northport VA Medical Center and the VA clinic in East Meadow, Nassau County.
Military Dependents & Family Members
The Feres doctrine doesn’t apply to dependents and family members. They follow the FTCA path, the same administrative-then-litigation process available to veterans.
Long Island’s Federal Infrastructure for These Claims
FTCA lawsuits filed by Long Island residents land in the U.S. District Court for the Eastern District of New York, with a divisional courthouse at the Alfonse M. D’Amato United States Courthouse in Central Islip. These cases are decided by a federal judge in a bench trial. There is no jury.
Deadlines & Procedural Steps on Each Track
Both federal tracks carry strict two-year filing deadlines. Missing the deadline once it starts to run closes the claim.
NDAA Administrative Track
The two-year window runs from the date of the malpractice or from when it reasonably should have been discovered. The claim is filed directly with the responsible military branch and resolved through that branch’s administrative review system.
FTCA Track
Veterans and family members must submit a written claim on Standard Form 95 (SF-95) to the responsible federal agency within two years of the injury. The SF-95 requires a specific dollar amount, and a claimant can’t recover more than what is stated on the original form. Under 28 U.S.C. § 2675, the agency then has six months to approve, partially approve, or deny the claim. Only after that review period ends can a lawsuit proceed in federal court.
What Compensation Is Available
FTCA claims can include current and future medical expenses, lost wages, rehabilitation costs, pain and suffering, permanent disability, and loss of quality of life. Under New York law, which governs damages in Eastern District of New York FTCA cases, there is no cap on non-economic damages. Punitive damages aren’t available under the FTCA. Attorney fees on FTCA matters are set by federal statute: 20% of an administrative settlement and 25% of a judgment or litigated settlement under 28 U.S.C. § 2678.
On the NDAA administrative track, the Department of Defense pays substantiated claims valued under $100,000 directly. Claims above that threshold are reviewed and paid by the U.S. Department of the Treasury.
Direct Representation Throughout Your Case
Gregory Goodman has handled personal injury matters in Nassau and Suffolk Counties for more than two decades. Every case at our firm is built in-house from start to finish. Nothing is outsourced. Clients work directly with Gregory Goodman throughout the matter rather than being passed to paralegals or junior staff.
Federal military malpractice claims require identifying which legal framework governs before any step is taken. We review the facts of each case to make that determination, whether the applicable path is the FTCA, the NDAA administrative track, or a different avenue entirely.
Our Satisfied Clients
We genuinely care about our clients and will do everything we can to ensure their satisfaction
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“Gregory handled a Consumer Credit dispute for me within weeks!”
Gregory handled a Consumer Credit dispute for me within weeks! He's very efficient, responsive, and professional. I would definitely recommend him for helping you resolve your consumer credit disputes!- Bee. G -
“Greg will thoroughly, effectively and patiently represent you for all your personal injury needs. Cannot recommend him enough.”
“Greg will thoroughly, effectively and patiently represent you for all your personal injury needs. Cannot recommend him enough.”- Steven D. -
“This law firm was recommended to me and thankfully I reached out to them.”
My name is Jeffrey and was in an automobile accident. This law firm was recommended to me and thankfully I reached out to them. They made the whole process so very easy. It was really great how they clearly explained what was going to happen and what was expected of me. I would like to thank Daniel and the wonderful ladies of the staff for all their hard work. I would highly recommend this firm as well as personally recommend them to anyone I encounter who needs help. Thank you for all your dedicated hard work through the whole process.- Jeffrey F. -
“I highly recommend Mr. Goodman.”
I endorse this lawyer. Gregory A. Goodman is an excellent trial attorney and is very well researched in what he does. Mr. Goodman will never come to a trial or a motion conference unless he is fully prepared and knows everything that is going on with the file. He is a fierce advocate and is excellent at what he does. I highly recommend Mr. Goodman.- Jason T. -
“Best money I ever spent!”
Excellent lawyer! I live out of state and needed a lawyer in NY I could trust. He made no promises, always upfront about the possible outcomes. He always worked very hard to get me the results I needed. He came through every time! He understood my financial circumstances and worked with me so I could hire him within my budget. Best money I ever spent! He’s honest and trustworthy, and I’m grateful for his help in more than one legal matter. I can’t say enough great things about Greg.- Ted R. -
“They keep in contact with you by letting you know everything that's going on with your case.”
“This firm was on point they keep in contact with you by letting you know everything that's going on with your case. I'm happy to have them represent me anytime. Thank you guys.- Shirvon G.
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“Greg is a very trustworthy, knowledgeable attorney”
Greg is handling a litigation matter for me. He is efficient, is moving my case right along and treating me with the upmost respect. He keeps me advised of all phases of the case and I believe he will fight for the best recovery that I can possibly receive. Not many attorneys are this conscientious.- Client -
“Mr Gregory was very pleasant, helpful & considerate.”
Mr Gregory was very pleasant, helpful & considerate. I would highly recommend him.- Ruth B.
