DOD Increases Damages Available in Service Member Medical Malpractice Claims

The Department of Defense (DoD) published today a Final Rule in the Federal Register updating its regulation on the medical malpractice claims process for Active-Duty Service members. The updated rule eliminates the offset requirement for payments for non-economic damages.

The updated regulation helps maximize benefits for Service members filing medical malpractice claims that may have occurred in military medical treatment facilities. Under the previous regulation, all payments Service members receive from DoD and the Department of Veterans Affairs related to medical malpractice were used to offset the total claim amount.  

Now, eligible claimants can receive without offset the full amount of non-economic damages, which include pain and suffering, physical discomfort, and loss of enjoyment of life.

This action directly responds to input from our Service members, Members of Congress, and other key stakeholders.

The Final Rule is effective immediately.  All currently pending claims will be adjudicated using the updated calculation method.

The Final Rule can be found at https://www.govinfo.gov/content/pkg/FR-2024-05-10/pdf/2024-10130.pdf.  
 

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