Lesson 3 of 3
In Progress

When a Complaint Becomes a Medical Malpractice Case

Chief March 5, 2022

If the complaint is very serious, you may have reason to file a medical malpractice lawsuit. Malpractice occurs when a hospital, doctor, or other healthcare professional injures a patient through errors in diagnosis, treatment, or aftercare.

A valid medical malpractice claim must show that the doctor violated a standard of care recognized by law. The patient must prove that the injury wouldn’t have happened if it weren’t for the doctor’s negligence. The injury must also have caused significant damage.

Previously, active servicemembers in the DOD were prevented from seeking respite for medical malpractice due to the Feres doctrine.

Section 731 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA)  allows members of the uniformed services or their authorized representatives to file claims for personal injury or death caused by a DoD health care provider in certain military medical treatment facilities. While the ruling is not a complete reversal of the Feres doctrine, it does provide a limited means for servicemembers to seek redress.