If you served in the military and had a personal injury occur due to medical malpractice in a military medical treatment facility or you are related to a military member who died, the National Defense Authorization Act, or NDAA, allows you to file a military medical malpractice claim. Going through this process may be a direction you’d like to take if you meet specific eligibility requirements in California.
What is the NDAA?
Effective July 16, 2001, the NDAA revised military medical malpractice law by allowing you to seek compensation for death or receiving a personal injury due to medical malpractice in a military medical treatment facility. It’s separate from the Military Health System Healthcare Resolutions Program as this was set up only to obtain information about concerns you might have with prior medical treatment. The NDAA takes it one step further, allowing legal recourse for military medical malpractice. This new military malpractice claims process is also separate from the military’s compensation system, which covers the following while in the line of duty:
- Combat injuries
- Training mishaps
- Motor vehicle accidents
Limitations of the NDAA
While the NDAA provides you with the ability to seek legal recourse and compensation for military medical malpractice, there are a few limitations. They include the following:
- The U.S. Department of Defense must receive your claim within two years after the claim accrues.
- If a claim under $100,000 is substantiated, it will be paid by the US Department of Defense to you or the deceased’s estate. The U.S. Treasury Department will review claims exceeding $100,000.
- Any reservist claims must be for injuries or deaths occurring while you are in federal duty status.
Understanding more about the NDAA can provide you with the knowledge required to seek compensation if you’ve been injured while serving in the military. You have the right to pursue compensation for your injuries or your loved one’s death due to military medical malpractice.