Modern military medicine is built on innovation. From battlefield triage to advanced trauma surgery, field medics and military doctors are often required to improvise under pressure. But what happens when “field innovation” crosses the line into medical negligence?

In recent years, several reports have surfaced of experimental treatments being used in combat zones without proper approval, oversight, or informed consent. While some of these measures save lives, others cause long-term harm—leaving injured service members and their families wondering whether what happened was medical innovation or malpractice.

At Khawam Ripka LLP, we help military families uncover the truth behind injuries sustained during deployment or in military hospitals. This blog explores the legal gray area of experimental medicine in combat, the standards of care expected under the Federal Tort Claims Act (FTCA), and what steps you can take if you believe a medical provider crossed the line from lifesaving action to negligence.

Understanding Experimental Treatments in Combat Medicine

In combat environments, time, resources, and equipment are often limited. Military medical personnel are trained to act fast and adapt. This culture of field innovation—using unconventional techniques or unapproved treatments to save lives—is part of what makes military medicine so effective in crisis situations.

However, there is a critical distinction between emergency improvisation and experimental procedures.

• Improvisation involves using available materials or methods to achieve medically accepted outcomes under extreme conditions. 
• Experimental treatment involves using an untested drug, device, or surgical method without established clinical validation or patient consent. 

Examples of Experimental Field Practices May Include:

• Administering unapproved blood products or coagulants in trauma care. 
• Using prototype medical devices developed by defense contractors. 
• Applying off-label pharmaceuticals at unsafe dosages or combinations. 
• Performing surgical interventions never tested in clinical environments. 

While these measures may be well-intentioned, when they result in injury or long-term harm, the line between innovation and negligence becomes legally significant.

When Innovation Becomes Negligence

Not every experimental treatment qualifies as malpractice. Battlefield medicine operates in contexts where split-second decisions can mean the difference between life and death. But when a medical provider knowingly exposes a patient to unnecessary risk, or when experimental methods are used without authorization or informed consent, that may constitute negligence.

Key Warning Signs of Negligence Include:

• The provider failed to follow military or medical protocol for testing or treatment. 
• The patient (or commanding officer) was not informed that the procedure was experimental. 
• There was no immediate medical necessity justifying deviation from standard care. 
• The provider or facility failed to report complications or follow up after the procedure. 

Injured service members and veterans may later develop chronic pain, organ damage, disfigurement, or psychological trauma due to these unauthorized procedures.

The Role of the Federal Tort Claims Act (FTCA)

Under the Federal Tort Claims Act, service members, veterans, and dependents can file claims against the federal government for injuries caused by negligence in federally operated medical facilities—including those run by the Department of Defense (DoD) or Veterans Affairs (VA).

While the FTCA does not typically allow active-duty personnel to sue for injuries “incident to service” (per the Feres Doctrine), certain exceptions apply—especially for retirees, dependents, and veterans who were harmed during or after service in government-run hospitals.

To Prove Medical Negligence Under the FTCA, You Must Show:

1. A duty of care was owed by the provider or facility. 
2. The provider breached that duty through negligent or unauthorized actions. 
3. The breach directly caused injury or worsened an existing condition. 
4. The injury resulted in damages—physical, emotional, or financial. 

If the procedure involved an unapproved device or medication, there may also be product liability implications against private manufacturers or contractors.

How Military Experimental Treatments Can Violate Standard of Care

The standard of care is the level of competence and caution that a similarly trained professional would exercise under comparable circumstances. In combat medicine, this standard is flexible—but not limitless.

Situations That May Constitute a Breach Include:

• Using untested medical devices without authorization from the FDA or military oversight committees. 
• Employing experimental drugs without proper dosing data or informed consent. 
• Ignoring established battlefield medical protocols or safety guidelines. 
• Concealing negative outcomes from higher command or patients post-treatment. 

When a provider’s actions go beyond reasonable improvisation, and harm results, it becomes more than a “field mistake”—it becomes a potential malpractice case.

Filing a Malpractice Claim for Experimental Treatment Injuries

If you or a loved one were injured by a questionable medical procedure performed in a combat zone or military hospital, the process for seeking justice begins with an administrative claim, not a lawsuit.

Step 1: File Standard Form 95 (SF-95)

This form outlines your claim, including:

• A detailed description of what occurred. 
• The individuals and facilities involved. 
• The amount of compensation sought. 
• Supporting evidence, such as medical records, witness accounts, and after-action reports. 

The claim must be filed within two years of discovering the injury or its cause.

Step 2: Government Review Period

Once the claim is filed, the responsible federal agency (often the DoD or VA) has six months to review and investigate. They may:

• Request additional information. 
• Conduct internal reviews. 
• Offer a settlement or deny the claim outright. 

If the agency denies or fails to respond, you may proceed to federal court.

Challenges Unique to Combat-Zone Medical Negligence Cases

These cases are particularly complex due to:

• Limited documentation: Combat records may be incomplete, classified, or destroyed. 
• Ambiguous jurisdiction: Determining whether the treatment was under U.S. military or allied control can affect liability. 
• Chain of command influence: Medical decisions made under operational stress may blur accountability. 
• Mixed oversight: Many experimental tools are developed by defense contractors under research exemptions. 

Despite these challenges, a skilled attorney familiar with military malpractice and FTCA procedure can help gather evidence, identify responsible parties, and ensure compliance with federal requirements.

Potential Compensation for Victims

If successful under the FTCA, compensation may include:

• Medical expenses for corrective surgeries, rehabilitation, or long-term treatment. 
• Loss of wages or future earning potential. 
• Pain and suffering, including emotional distress. 
• Disability-related home or life adjustments. 

While the FTCA does not allow punitive damages, settlements can still be significant—especially when negligence leads to permanent injury or loss of life.

Conclusion: Innovation Should Heal, Not Harm

Military medicine thrives on innovation—but when experimentation ignores safety, oversight, or consent, it crosses a critical legal line. Service members dedicate their lives to protecting others. They deserve the same duty of care from those entrusted with their health.

At Khawam Ripka LLP, we represent service members, veterans, and military families harmed by unauthorized or negligent medical practices in the field. Our team understands the unique intersection of federal law, battlefield medicine, and accountability—and we know how to fight for justice when “innovation” goes too far.

📞 If you believe you or a loved one were injured by an experimental or unauthorized medical procedure in a combat or military setting, contact us today or visit ForTheMilitary.com to schedule a confidential consultation.

Your service deserves respect. Your injuries deserve answers. And your future deserves justice.