For active-duty service members, the military isn’t just a job—it’s a life built on discipline, sacrifice, and trust. Nowhere is that trust more critical than in the military’s healthcare system. When medical professionals within that system fail in their duty of care, the consequences can be devastating. But unlike civilian malpractice claims, holding the military accountable for medical negligence is a legal challenge unlike any other.

If you’re on active duty and believe you’ve suffered harm because of medical malpractice, you might feel frustrated, powerless, or unsure where to start. This guide breaks down your legal options, what’s changed in recent years, and how you can pursue a claim the right way.

Understanding Military Medical Malpractice

Military medical malpractice refers to injuries or harm caused by negligent treatment from healthcare providers working in military hospitals or clinics. These incidents may involve:

• Misdiagnosis or delayed diagnosis 
• Surgical errors 
• Incorrect medication or dosage 
• Birth injuries 
• Infections from unsanitary conditions 
• Lack of informed consent 

While civilian patients can file lawsuits for such errors, active-duty personnel have historically been blocked from doing so due to a controversial legal doctrine.

The Feres Doctrine: Why It Matters

Since 1950, the Feres Doctrine has barred active-duty service members from suing the federal government for injuries “incident to service,” including those resulting from medical malpractice. That means if you’re in uniform and suffer harm due to a military doctor’s negligence, you can’t sue the government like a civilian could.

This doctrine has led to heartbreaking cases where even fatal errors went unchallenged. It left thousands of service members with little recourse and no way to seek accountability or compensation. But public pressure and legislative change have started to shift the landscape.

A Turning Point: The 2019 NDAA Reform

In 2019, a significant development came with the National Defense Authorization Act (NDAA). For the first time in decades, Congress created a mechanism for active-duty service members to file administrative claims for medical malpractice that occurred in military treatment facilities.

This change didn’t overturn the Feres Doctrine, but it opened the door for a new, limited path to justice. Rather than suing in federal court, injured service members can now file claims directly with the Department of Defense (DoD) and potentially receive compensation.

What This Means for You

If you’re an active-duty member who believes you’ve been harmed by negligent medical care, here’s what the 2019 NDAA reform allows you to do:

• File an administrative malpractice claim with the DoD 
• Present evidence of negligence and injury 
• Seek financial compensation for damages like medical bills, lost pay, and pain and suffering 

But you’ll need to follow specific steps carefully to ensure your claim is considered.

How to File a Military Medical Malpractice Claim

Step 1: Document Everything

Start by gathering every piece of relevant information. This includes:

• Medical records from military facilities 
• Lab results, imaging scans, and prescriptions 
• A detailed written timeline of events 
• Names and roles of all providers involved 
• Notes about symptoms, changes in condition, or conversations with staff 

If something felt off at the time, write it down now. Your memory is sharpest right after the fact, and your future claim could depend on the details you recall.

Step 2: Seek Independent Medical Opinion

While military providers might be reluctant to second-guess their own, a civilian medical opinion can help confirm that malpractice occurred. An independent evaluation offers clarity and can become key evidence in your case.

Step 3: File a Standard Form 95

This is the official document for claims under the Federal Tort Claims Act, but it’s also used in the administrative process for military medical malpractice claims under the NDAA.

When filling it out:

• Clearly describe the incident and how it caused harm 
• List the damages you’re seeking, including medical costs, lost wages, and pain 
• Submit it to the appropriate branch of service or DoD agency 

This is not a casual form—one mistake could delay or disqualify your claim, so having an experienced attorney prepare it is strongly recommended.

Step 4: Submit Within Two Years

There’s a strict two-year statute of limitations from the date of injury or discovery of the injury. Once this window closes, your right to file is gone. Don’t wait.

What Happens After You File?

Once submitted, the Department of Defense will conduct an internal review. They’ll examine medical records, consult experts, and assess whether your case meets the criteria for compensation. You may be asked to submit additional documentation or clarify details.

A few outcomes are possible:

• Your claim is approved, and you’re offered a financial settlement 
• Your claim is denied, with or without explanation 
• Your case is closed, with no further review available 

Unlike civilian malpractice cases, you won’t have the option to take your claim to court if it’s denied. That’s why submitting the strongest claim possible from the start is so critical.

What Compensation Can Cover

While outcomes vary, a successful claim may offer compensation for:

• Medical expenses (current and future) 
• Lost income if the injury affects your ability to serve 
• Pain and suffering, including mental and emotional distress 
• Disability-related costs, such as therapy, mobility aids, or vocational training 

In wrongful death cases, surviving family members may also receive compensation for the loss of a loved one due to military malpractice.

Common Misconceptions

“Active-duty members can’t file claims.”

False. While lawsuits in federal court are still barred under the Feres Doctrine, the NDAA’s administrative claims process allows for compensation in specific situations.

“Military doctors are immune from accountability.”

Not entirely. While criminal charges or court proceedings may be rare, administrative claims and internal investigations can still hold providers and the system accountable.

“It’s not worth the effort.”

Many service members assume the odds are stacked against them. But if you’ve suffered harm—especially permanent damage—you owe it to yourself and your family to explore your options.

Why You Need a Military Malpractice Attorney

Military malpractice claims are not like ordinary injury cases. They involve layers of bureaucracy, federal codes, and strict deadlines. A qualified attorney who focuses on military medical malpractice can:

• Analyze the strength of your claim 
• Handle paperwork and submission timelines 
• Coordinate expert reviews 
• Maximize the value of your compensation 

Trying to navigate this process on your own puts you at a serious disadvantage.

Final Thoughts: 

When you put on the uniform, you accepted a life of structure, risk, and duty. What you didn’t accept was preventable harm from those entrusted with your care.

Military medical malpractice is not just a legal issue—it’s a personal violation. The 2019 NDAA reform gives you a path forward, but the window to act is narrow and the process complex. If you or someone you love has suffered due to negligence in a military facility, the time to act is now.

At Ripka Kelly LLP, we proudly advocate for the rights of service members and their families. Our legal team has deep experience in navigating military malpractice claims and understands the weight of your service—and the cost of injustice.

📞 Schedule your consultation today. Let us help you hold the system accountable and fight for the compensation you deserve.