New Malpractice Law Permits Active Duty Members Filing Malpractice Claims.
Historically, active duty military have been barred from suing the U.S. government for injuries sustained from medical malpractice occurring at a military facility. Based on a 1950 U.S. Supreme Court ruling commonly referred to as the Feres doctrine, the restriction applied to active duty members but not their dependents or retirees.
However, a new military medical malpractice provision was added to this year’s National Defense Authorization act, which grants active duty members the same privileges to recover for medical negligence that their dependents, military retirees, and ordinary civilians have enjoyed for years. While active duty members are still barred from suing the U.S. government for injuries related to combat activities, they are now able to bring administrative claims for injuries that are a result of physician negligence.
According to the Military Times, the new law designates $400 million to the Pentagon to award compensation for these active duty medical malpractice claims and victims of medical negligence have two years after the malpractice occurred in which to file a claim, as with a typical medical malpractice case.
Our Firm has Extensive Experience in Military Medical Malpractice
Our firm is one of few in the nation that specializes in military medical malpractice litigation. For decades we have assisted military families, dependents, and military retirees in bringing claims against the U.S. government for medical malpractice occurring at military hospitals, at home and abroad. Now, our experience- which has resulted in the recovery of over $40 million dollars for military families- is enabling us to expand our practice to assist active duty members who are now able to file these same claims.