Service members can now pursue medical malpractice claims

| Jun 30, 2021 | Medical Malpractice

Serving in the military is a calling that some men and women in Delaware find very rewarding. Sadly, active duty service members do not always receive the best medical care. In the past victims of medical malpractice in the military were not even able to sue for their injuries, but a recent change will allow these men and women to take action. 

Medical malpractice in the military 

There is some confusion when it comes to medical malpractice and the military because the military has an existing compensation system. This compensation system is different than the Military Health System Healthcare Resolutions Program that is supposed to help patients get information about their medical treatments that went wrong, although without providing any options for legal matters. The compensation provided under the current system covers a variety of things, including: 

  • Combat injuries 
  • Training mishaps 
  • Car accidents 
  • Disabilities incurred in the line of duty 

Although there were avenues for compensation for certain injuries, there were previously no real options for securing financial compensation and emotional closure for medical malpractice injuries. Holding health care providers responsible for the harm they caused is an important part of many medical malpractice lawsuits. Congress passed the National Defense Authorization Act back in Dec. 2019, which allows for service members, their representatives or their surviving family members to pursue legal claims for personal injuries and deaths caused by military health providers. 

Successfully navigating a medical malpractice claim can be a daunting task. Many victims are still dealing with the aftermath of their injuries when they start this process, including things like physical pain, medical bills and emotional trauma. Some victims in Delaware find that having the right guidance on this journey often makes a tremendous difference.