Many families have felt the heartache of losing a family member while they were serving in the military. Unfortunately, some have felt that heartache because of actions taken by military doctors. Until Congress passed the 2019 National Defense Authorization Act, there was no medical malpractice recourse. That act authorized the department to make malpractice payments. Families understand that no amount of money will ever bring their loved ones back, but some families wonder if they will ever see their medical malpractice money from the Department of Defense.
Changes to the law
Before the passage of the act, families had not been able to file for medical malpractice. Officials with the Department of Defense had long argued that it created a two-tier system because of the death benefits already received by families. While families still cannot sue in federal court, the law’s changes authorized the Department of Defense to make payments when a doctor’s wrong actions caused the death.
Pressure on the department
While Congress authorized the payments, the Department of Defense has still not created a filing system for medical malpractice. That has left many families very frustrated. They have talked to their members of Congress to get help. Some members say that they are putting pressure on the department to solve the problem while others accept the department’s answer that things are changing very rapidly on other fronts, and they have not had time to create a process yet. This inaction has left many wondering if they will ever see payment.
If you have lost a loved one in the military due to medical malpractice, then a lawyer may be able to help. A legal professional may be able to help you keep the pressure on until you receive what Congress promised you.