Service Members May Soon Have the Right to Sue for Medical Malpractice

Currently, men and women who serve our country are unable to sue the federal government for injuries they suffer as the result of negligence by medical military personnel. These injuries are deemed incidental to their military service and therefore, active soldiers are prevented from suing the government under the Federal Tort Claims Act. As a result, soldiers’ and their families are often left with the burden of future medical care and treatment due to someone else’s negligence.

Potential Changes in the Future

This could all change if an amendment to a defense policy bill passes through Congress and is signed by the President. The amendment, proposed by Senator John Kennedy (R-Lousiana), would allow military personnel to file claims for injury or death caused by medical malpractice at a military medical facility. A similar bill was introduced in the House of Representatives in April. Under both versions, the change in the law would apply to not only future claims but any claims pending on the date the bill becomes a law. For more on this legislation, click here.

How the Warshauer Woodward Atkins Could Help

At Warshauer Woodward Atkins, we have experience suing the United States Government under the Federal Tort Claims Act and believe that everyone should have the right to sue parties, including the US Government, for negligent acts that cause injuries. If you believe you or your loved one, have been injured due to the negligence of another, call us for a free consultation.