military medical malpractice lawyers Archives

U.S. Military Has Approved Less Than 10% Of Medical Malpractice Claims Since 2019 Law Allowing Such Claims

August 12, 2026

In 2019, Congress passed the SFC Richard Stayskal Military Medical Accountability Act, which gave troops and families a system that allowed them to file claims for personal injury or deaths caused by Department of Defense health care providers. Rather than sue their doctors, troops can file for comp[...]

$6.5M FTCA Medical Malpractice Verdict For Botched Gastric Sleeve Surgery

October 26, 2024

On August 23, 2024, a federal judge from the United States District Court for the Middle District of Florida awarded $6.5 million to a military spouse who suffered very serious harm due to the alleged medical negligence of a Navy surgeon who performed gastric sleeve surgery on her to manage her diab[...]

Only 3% Of Military Service Member Medical Malpractice Claims Have Been Approved

August 11, 2024

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 malpr[...]

DoD’s Proposed Changes To Service Member Medical Malpractice Claims Regulations

October 27, 2023

On October 20, 2023, the U.S. Department of Defense published in the Federal Register proposed updates to its regulations on how Service members can file claims for medical malpractice that may have occurred in military medical treatment facilities. Effective immediately, the Department increased th[...]

100 Million Americans Have Health Care Debt

Only 2% of Medical Malpractice Claims Filed By Service Members Have Been Approved By The U.S. Military

November 2, 2022

Only 2% of Malpractice Claims Filed by Service Members Have Been Approved By The U.S. Military: U. S. military service members are barred from suing the federal government for injuries considered to be incidental to service, including medical malpractice, under the Feres doctrine set forth in a U.S.[...]

Federal Register Publishes Rule Regarding Medical Malpractice Claims By Members Of The Uniformed Services (Part I)

June 19, 2021

On June 17, 2021, the Federal Register published the Department of Defense’s interim final rule that is effective on July 19, 2021 implementing requirements of the National Defense Authorization Act (NDAA) for Fiscal Year 2020 permitting members of the uniformed services or their authorized re[...]

Feres Doctrine Will Likely Bar Medical Malpractice Claim For Soldier’s Delayed Diagnosis Of Stomach Cancer

March 7, 2019

On October 31, 2018, an Army Sergeant died following a prolonged battle with stage 4 stomach cancer. His widow claims that military care providers committed medical malpractice when they failed to diagnose his stomach cancer during multiple visits to Army base doctors over a four-year period. The Ar[...]

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