In 1950, a Supreme court case ruled that active-duty military members could not sue and seek damages from the government, particularly for medical malpractice. Recently, a defense spending bill, called the National Defense Authorization Act, had a small provision inserted into it that will overturn this precedence. For military members who may be victims of Texas medical malpractice, they now have an opportunity to seek damages against the doctor, or medical organization, that harmed them.
In the past, as many military personnel found out the hard way, if any active-duty member received inadequate care in the form of:
- Botched surgery
- Unnecessary / wrong site surgery
- Poor aftercare
- Misdiagnosis
- Wrong medication
- And more
Many found were unable to seek damages against the doctor, or hospital, that gave them their injuries as they’d be acting as a government official. As a result, these military personnel lived with their suffering, or died as a result, and had no legal recourse. For family members of personnel who had died as a result of medical malpractice, they were left only to grieve and pay for funeral services out of pocket, a form of insult to injury.
For soldiers on the battlefield, an injury in combat could quickly worsen as they needed treatment in the field. A necessary surgery, hastily done, could become infected, or could go awry entirely, and the soldier could live with that pain for months, or years. Now, thanks to this bill, they at least have an opportunity to seek compensation for their mistreatment.
If you are in the armed forces and believe you are the victim of medical malpractice, contact our offices today to speak with an expert Texas medical malpractice lawyer to go over the details of your case so that we can advise on you on the next steps to take. With the passing of this bill, many soldiers and officers can seek the financial compensation they deserve.
