Military.com reports that in the four years since the U.S. Congress passed a law allowing military service members to file claims against the Defense Department for medical malpractice, the military services have received 597 claims but only approved 3% (12). The U.S. Army received 258 medical malpractice claims but only approved 12 (81 claims were denied, 3 were being considered under appeal, and 162 were under investigation). The Navy received 188 medical malpractice claims since January 1, 2020, of which only 3 have been approved (103 claims were denied, 2 were being considered under appeal, and 80 were under investigation). The Air Force received 151 medical malpractice claims and only approved five (71 claims were denied, one is being considered under appeal, and 18 were transfered to other services – the rest are under investigation).
In October 2023, the Department of Defense raised the cap on noneconomic damages from $600,000 to $750,000. In May 2024, the Department of Defense announced that the amount paid for noneconomic damages such as pain and suffering would no longer be offset by disability compensation received from the Department of Veteran Affairs.
One criticism of the appeals process is that it is not only slow but the review on appeal is limited to whether the claims process was followed correctly, and not a review of the medical malpractice decision (denial) itself. A bill in Congress introduced in 2023 would allow service members to proceed with their medical malpractice claims in the district court after the Department of Defense process was completed, but that proposed legislation (the Healthcare Equality and Rights for our Heroes Act) has not even been considered by the House Judiciary Committee yet.
The HERO Act provides, in part: “A claim may be brought against the United States under this chapter for damages for personal injury or death of a member of the Armed Forces arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) that is provided at a covered military medical treatment facility by a person acting within the scope of the office or employment of that person by or at the direction of the Government of the United States and shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such person (or the estate of such person) whose act or omission gave rise to the action or proceeding.”
If you or a loved one suffered injury (or worse) as a result of medical malpractice while in the U.S. military, you should promptly consult with a military medical malpractice lawyer who handles militray medical malpractice claims and who may investigate your military medical malpractice claim for you and represent you or your loved one in a military medical malpractice claim, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find militray medical malpractice claim attorneys who may assist you.
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