Military servicemembers receive many forms of basic support from the military. The branch they serve in provides them with housing and pay. Servicemembers also usually received basic medical care. Tricare insurance covers the treatment servicemembers need, and they can also seek care at specialized facilities during and after their service.
Traditionally, active-duty servicemembers have had little recourse in scenarios where they received inappropriate treatment or where they experienced poor medical outcomes due to negligence. However, that has changed. While rules used to prohibit active-duty servicemembers from filing medical malpractice lawsuits, they now have that option in certain circumstances.
What changed?
Widespread issues with the standard of care at medical facilities providing support for servicemembers and veterans prompted members of Congress to address the issue. In 2020, the National Defense Authorization Act (NDAA), a critical annual budgetary piece of legislation, included provisions addressing military medical malpractice.
Since the implementation of the 2020 NDAA, servicemembers have had the legal right to file malpractice lawsuits for military health care issues. They can seek compensation for economic harm caused by poor care.
What constitutes malpractice?
Medical malpractice can differ vastly from one case to the next. It might entail negligent prescribing habits where doctors don’t review a patient’s history or current medications. Surgical errors can also lead to claims of malpractice.
Negligence, possibly due to burnout or understaffing at medical facilities, can also lead to claims of malpractice. If a health care provider did not conform to current best practices given the type of medicine they practice, their actions may constitute malpractice.
Reviewing medical records with a skilled legal team can help military servicemembers determine whether they have experienced actionable military medical malpractice. Servicemembers harmed by poor medical standards can potentially seek relief to support themselves and their families.