Military members and the new right to file malpractice claims

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
February 20, 2024

A previous post discussed a new federal law that was awaiting the President’s signature. Now that the law has been signed, active service members who receive treatment at military facilities will be able to file medical malpractice claims against those facilities in certain circumstances.
As our previous post discussed, the new law weakens an old decision by the United States Supreme Court. Under the old decision, members of the military were generally disallowed from suing military doctors and other medical professionals for malpractice, no matter how flagrant the case may have been.
There are some caveats to the new law. For one, military members will still not be able to obtain compensation for medical malpractice that is due to a job-related illness or injury, including illnesses or injuries that happen under combat conditions. Furthermore, the law is not opening up the court system, at least not directly, to service members who have malpractice claims against military providers. Rather, the law has created an administrative process in which members of the military can file claims that the government must review and either deny or approve for settlement. Still, the law is promising in that veterans now have some rights to recover for malpractice.
As for the former soldier whose efforts prompted this change in the law, he managed to settle his malpractice claim against the government for an undisclosed amount. As the previous post discussed, doctors misdiagnosed his illness, and he is now expected to die because of his condition. The new federal provision allowing soldiers, sailors and airmen to file claims is named after him.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

February 20 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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