MDLinxYou Need to Know About This Major Change in Malpractice Law

Major Shift in Military Malpractice Law: A New Era for Non-Economic Damages

The Department of Defense has recently announced a significant change in the military malpractice law, raising the cap on non-economic damages from $600,000 to $750,000. This change, which does not apply to economic damages such as loss of wages, marks a new era in the way military medical malpractice cases are handled.

Key Points

• The cap on non-economic damages in military medical practices has been raised from $600,000 to $750,000.
• The Pentagon is considering a change to how non-economic damages are calculated.
• The Department of Defense has rejected the majority of claims received since the passing of the Stayskal Act in 2020.
• Military medical malpractice cases follow a different structure than standard cases and have their own specific regulations.
• The Department of Defense’s malpractice process is still new, but there are already concerns that the process is slow and overly favors military hospitals.

Although the SFC Richard Stayskal Military Medical Accountability Act improved the process for medical malpractice claims by service members, it can still leave some victims with limited options for compensation. The HERO Act would allow those service members who suffered medical malpractice at a Department of Defense facility to file the appropriate claims and ensure that they are efficiently assessed by the DOD. Such an expansion and enhancement to the claims process is necessary for our service members and deserved for their service.
— Committee Member and Democratic Representative Jimmy Panetta

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