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Right to Sue Government for Military Medical Malpractice

This new law allows service members and their families to sue the U.S. government for injuries or deaths caused by medical malpractice in military healthcare facilities. This means that those harmed can seek compensation, which was previously not possible in many cases. The law applies to incidents from 2017 onwards, as well as to ongoing cases.
Key points
Service members and their families can now sue the U.S. government for medical errors in military hospitals and clinics.
The act covers cases of medical, dental, and related healthcare negligence, including clinical studies.
Claims can be filed up to 8 years after discovering the injury, and the law applies retroactively to January 1, 2017.
Compensation will not be reduced by Servicemembers’ Group Life Insurance benefits.
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Additional Information
Print number: 118_HR_4334
Sponsor: Rep. Issa, Darrell E. [R-CA-48]
Process start date: 2023-06-23