Military Medical Malpractice Claims
Can Active Duty Military Members Now Bring Medical Malpractice Claims? Yes.
The 2020 National Defense Authorization Act was signed into law on December 20th and contains a provision that allows active duty military members (or their next of kin) to bring claims for recovery for injuries they suffered at military facilities as a result of medical malpractice. For decades, military family members, military retirees, and civilians have had this same right.
While the law can provide important relief to active duty members who have suffered from medical malpractice, there is one caveat- these medical malpractice claims must be heard administratively.
According to the Navy Times, this means that a substantiated claim under $100,000 will be paid directly to the active duty military member or a surviving beneficiary by the Department of Defense, while claims over $100,000 will have further review by the Secretary of Defense at the Treasury Department. Additionally, there will be an applicable statute of limitations, as with traditional medical malpractice claims.
Our Firm is Dedicated to Prosecuting Military Medical Malpractice
Our firm is one of the few in the nation that specializes in military medical malpractice litigation. Unlike most medical malpractice firms, we have experience with this administrative process, fighting on behalf of military dependents who were injured by medical malpractice overseas, because those claims are also heard administratively under the Military Claims Act.
Now, our experience- which has resulted in the recovery of over $40 million for military families- is enabling us to expand our practice to assist active duty members who are now able to file these same claims.