Since 1950, malpractice claims for military troops against the U.S. government have been barred. As of Jan. 1, 2020, active-duty personnel may now seek compensation for harm due to care received by a military health provider in a hospital setting run by the Department of Defense. Residents of California should be aware of the change as the state is home to a host of military establishments.
The first malpractice lawsuit was filed for $5 million for a misdiagnosis of pneumonia instead of the growing mass of cancer, which ultimately resulted in in stage 4 terminal lunch cancer. In addition to troops, surviving family members may now file claims for personal injury or death as a direct result of wrongful acts or negligence. As a procedure for reviewing claims is established, the Pentagon is ready to start receiving claims.
The legislation that now allows for malpractice lawsuits is limited in that it does not allow troops to file civil lawsuits against the Department of Defense. The legislation earmarks $400 million for the Pentagon to award compensation and investigate claims brought forth against the Department of Defense for malpractice allegations dating to 2017 if the claims are filed in 2020 with a two-year statute on claims filed after 2020.
If an individual or their family member has been a victim of military medical malpractice, compensation for personal injury or death as a direct result of the malpractice may be sought after. Finding an experienced attorney in military medical malpractice may help the individual or their family find the retribution that they are looking for regarding malpractice dating back to as early as 2017.