Pentagon Raises Cap on Military Medical Malpractice Claims

There are many situations where a mistake made by a doctor, nurse, or hospital can cripple someone’s life, making it hard for them to engage in activities they enjoy or simply work at their job. When this happens, you expect to seek out fair compensation from those at fault. However, in military medical malpractice cases, there are limits that can make it hard for you to reach that level.

The Pentagon recently increased the cap on military medical malpractice claims. That means that, in some situations, you may be able to claim more for your losses if you can demonstrate that they are owed to you.

At Bailey & Greer PLLC, our Memphis medical malpractice attorneys can help you determine how much compensation you may be owed. With the naval base near Millington, we are confident we can help you pursue fair compensation in many situations.

What you should know about the Pentagon’s increase in military medical malpractice claims

Individuals who win a medical malpractice claim against the U.S. Department of Defense may be able to claim up to $750,000 in damages, according to the information provided by the Pentagon. A statement released by the Pentagon Press Secretary in October notes the change, increasing the cap on medical malpractice claims from $600,000 to $750,000.

This means that if you have a claim against a Defense Department hospital, doctor, or associated healthcare provider, you can now seek more compensation. Keep in mind that this only applies to non-economic damages. Those damages include losses related to pain and suffering, emotional trauma, and loss of consortium, among other claims.

It does not include economic losses. Economic losses include medical bills, lost time at work, and related costs. These losses are not capped under military law.

This is a significant step for many reasons. It is notable that, prior to 2021, troops and veterans of the U.S. Armed Forces were unable to seek out financial compensation by filing a lawsuit against the Department of Defense for any type of injuries that occurred during active duty. The change is important since it allows people who are hurt in their line of work to seek out compensation to help them recover or to compensate them if they cannot recover.

A bit of history on the law

Military Times offers some insight into the history of this limitation on medical malpractice claims. The publication notes that the Feres doctrine was put into place in 1950 by the Supreme Court with the goal of preventing the military itself from being held liable for the losses of people hurt on the field.

The complications of this law are numerous. Namely, when in place, the law prevented people from claiming medical malpractice losses, as well as losses related to sexual harassment and sexual assault. These losses, though, are available for civilians to seek.

Medical malpractice can occur anywhere. If a doctor fails to provide the expected level of care that other doctors would provide, or if there is any missed symptom that should have been an early indication of disease that was missed, it can be considered medical malpractice. Extending the coverage further allows those who are victims to obtain the compensation owed to them.

How to know if you have a medical malpractice case

If you are a member of the U.S. military and you believe that a doctor or hospital failed to provide you with the level of care you expected and that could be expected under normal circumstances, our medical malpractice attorneys want to hear from you. We will answer your questions, provide you with insight into your legal rights, and help you maximize compensation in your case.

There are numerous steps we can take to achieve this.

We learn what happened

Not every medical mistake is a type of malpractice. Unfortunately, the burden of proof is on your shoulders as well. As a result of that, our medical malpractice attorneys will gather all evidence available to determine what occurred. Our expectation is to prove what occurred and why.

We also will use the information we find to determine what occurred from the perspective of what other doctors would have done. We can do that by speaking to other medical providers and medical experts to gain more insight into what went wrong and why.

Determine who is responsible

From a missed diagnosis, the wrong medication given to you, or poor care in your case, there are numerous factors to consider to determine who is responsible. This could be a doctor who oversaw your case and made blatant mistakes. It could also be the hospital or medical provider who failed to meet the expectations of care.

We determine what your losses are

Once we gather as much information as possible to prove negligence occurred in your case, we will then work closely with you to better understand how this incident has hurt you. If your injury has led to complications to your health, limitations on your overall well-being, pain and suffering, or other losses, allow our team to take a closer look at what losses you have. You may be eligible for:

• Medical bill payments
• Coverage for wages lost
• Loss of consortium
• Pain and suffering
• Losses related to earning capacity
• Losses related to a loss of lifespan

We are tireless supporters of our clients, and that shows in everything we do throughout your case. We know what is on the line and how much support you need. Let us help you maximize the compensation and claims you are owed after medical malpractice leaves you suffering.

At Bailey & Greer PLLC, we take pride in offering our clients exceptional legal support. As experienced Memphis military malpractice attorneys, we are here to guide and support you. Reach out to our team now to learn more about the legal options you have to seek out compensation. Call our legal team or submit our contact form to schedule a free consultation today.