Military Medical Malpractice in Colorado Springs

Serving Military Families Since 1971, With 100+ Years of Combined Trial Experience

When care at a military or VA facility causes serious harm, the path to accountability looks nothing like a standard malpractice claim. Federal law governs these cases, the administrative process is strict, and the deadlines are unforgiving. Clawson & Clawson, LLP has served Colorado Springs, Pueblo, and the Denver Metro area since 1971, and our attorneys draw on more than 100 years of combined trial experience to guide military claimants through this process. We represent individuals who have sustained serious injuries connected to negligent care at military hospitals and VA facilities, including those who might otherwise have no legal options available to them.

Our commitment to military families goes beyond the courtroom. On cases involving military-service injuries, we donate a portion of our contingency fee to the Wounded Warrior Project.

Deadlines in federal malpractice claims are strict and vary by claimant type. Call us at (719) 602-5888 for a free case review so we can identify your options before time runs out.

The Feres Doctrine & What the Stayskal Act Changed

For nearly 70 years, the Feres Doctrine controlled what active-duty service members could do after being harmed by military medical care. Established by the U.S. Supreme Court in its 1950 decision in Feres v. United States, the doctrine bars active-duty members from suing the federal government for injuries considered incident to military service, including malpractice by military physicians.

The National Defense Authorization Act for Fiscal Year 2020 changed that. The Act incorporated the SFC Richard Stayskal Military Medical Accountability Act, known as the Stayskal Act, which created the first exception to the Feres Doctrine in nearly seven decades. Active-duty service members may now file an administrative claim for malpractice by a Department of Defense health care provider at a covered military medical treatment facility. Two important limits apply: the remedy is administrative only, meaning claims can’t be litigated or appealed in federal court, and malpractice occurring in the field, such as in combat, aboard ships, or at battalion aid stations, still falls under the Feres Doctrine with no remedy available.

How the Claims Process Works: Active-Duty Members vs. Veterans

The procedure depends on your status at the time of the negligent care.

Active-Duty Service Members

Under the Stayskal Act, active-duty members file an administrative claim with the relevant military branch, generally within two years of discovering the malpractice. Awards up to $100,000 are approved by the Secretary of Defense. Any award above that threshold requires approval by the Secretary of the Treasury. The process is entirely administrative, with no path to federal court.

Veterans & Military Dependents

The Feres Doctrine doesn’t apply to veterans or military family members. These claimants may pursue a claim under the Federal Tort Claims Act (FTCA), which permits lawsuits against the federal government for negligence by its employees, including VA health care providers. The first step is filing an administrative claim, typically on Standard Form 95 (SF-95), with the relevant military branch or the VA Regional Counsel. That administrative process must be completed before a claimant can appeal in federal court. The filing deadline is generally two years from the date the claimant discovered the injury and its cause. FTCA claims can recover economic damages such as medical expenses and lost income, as well as non-economic damages including pain and suffering. Punitive damages aren’t available under the FTCA.

Military Installations & VA Facilities Where Claims Arise in Colorado Springs

The Colorado Springs region holds one of the densest concentrations of military installations and federal health care facilities in the country. Claims in this area commonly arise from care provided at:

• Evans Army Community Hospital at Fort Carson, the primary military treatment facility for Army personnel in the region
• PFC Floyd K. Lindstrom VA Clinic in Colorado Springs, which provides outpatient care to eligible veterans
• Medical facilities serving personnel at Peterson Space Force Base, Schriever Space Force Base, the U.S. Air Force Academy, and Cheyenne Mountain Space Force Station

Each installation falls under a distinct command structure, which affects where an administrative claim must be filed and which federal agency responds to it. Getting that jurisdictional detail right from the start can affect whether a claim moves forward.

Why Military Claimants Trust Clawson & Clawson, LLP

Federal malpractice claims demand the same preparation and advocacy as any high-stakes civil matter. Our attorneys hold membership in the Multi-Million Dollar Advocates Forum®, an invitation-only organization for attorneys who have achieved superior results in significant litigation. We’ve been recognized by Super Lawyers every year from 2023 through 2026 and carry a 10/10 “Superb” rating from Avvo.

Our personal injury case history reflects what we bring to every matter. We’ve secured an $800,000 recovery in an 18-wheeler collision and multiple automobile crash settlements ranging from $240,000 to $550,000. Our senior personal injury paralegals support every case with close attention to documentation and deadlines, which in federal claims can affect whether a claim remains viable.

Start with a Free Consultation

Claims involving negligent care at military and VA facilities involve narrow windows, specific forms, and procedural rules that differ from state court entirely. We offer a free initial consultation and case review so you can understand your options without any upfront cost. We handle personal injury matters on a contingency basis, meaning you don’t pay us unless we secure a financial recovery for you.

Contact Clawson & Clawson, LLP at (719) 602-5888 to schedule your free consultation. We’re ready to help you understand what your claim requires and what it may recover.