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Why New DOD Medical Malpractice Claims Process Is Inherently Unfair

While the American Department of Defense has recently established a claims process for service members who believe they were the victims of medical malpractice, this system is heavily weighted against the claimant. First, there is no right to discover the materials used by the government to adjudicate claims. Second, there is a cap on non-economic damages at $500,000. Third, both economic and non-economic damages may be offset by VA disability compensation or Ch. 61 military disability retirement benefits. Fourth, this system does not allow for third-party claims by spouses or domestic partners for loss of consortium. Fifth, you will not be afforded an actual hearing- claims are adjudicated through a documentary review process with limited appellate options that do not include the right to file suit in federal court. While this process is better than the bar to malpractice claims imposed by the Feres Doctrine, the deck is stacked against potential claimants.  For a complete overview of the process, I have attached a link to 32 CFR 45 for your review.  As always, feel free to contact me if you have any questions or would like some help filing a claim.   Here is the link: https://tinyurl.com/mup5rztb



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